Business, 12.03.2021 15:10 leothedrifter

Nora Hudson, is the owner of a company that manufactures unique toys. She has come up with an idea for a new toy, and had her designer draw out the plans for that toy. Ms. Hudson has contacted Tim Wood, whose business it is to build prototypes/samples. Ms. Wood and Mr. Hudson are meeting, and after some preliminary greeting, she shows him the plans for the toy, and asks if he could make a sample of that toy so she could look at it and decide whether she wants to produce it. Tim took the plans drawn by Nora’s designer and said that he would get back to her. She said "ok", and the two parted. A few days later Tim called Laura and said that he could make the model if she wanted him to do it. Nora told him to go ahead and make the model. Two weeks later Tim called and told Nora that the model was ready for her to pick up and that the cost would be $5,000. She has now refused to purchase the model. She claims that there is no enforceable agreement between the two, or if there is, he took too long to make it and the price is too high. Analyze whether there is an agreement between the two. You must address every applicable Article 2 rule that applies.

Assume there is an agreement between them is her argument that it took too long and the price is too high valid? Why or why not? You must do a complete analysis of these two issues.

Bedn manufactures electrical wire, and ASC manufactures automobile sensors. Since 2010, ASC, in repeated transactions has purchased wire from Bedn to use in its sensors. On October 17, 2019, ASC sent Bedn a purchase order containing the quantity, price shipment date and product specifications. Bedn responded on October 22, 2019, with its order acknowledgment form. Bedn's order acknowledgment referenced ASC's specific request and contained boilerplate language on the back. The language on Bedn's form purports to limit Bedn's liability for special, indirect, and consequential damages. The back of the order acknowledgment also stated:

Where this agreement is found to be an acknowledgment, if such acknowledgment constitutes an acceptance of an offer such acceptance is expressly made conditional upon Buyer's assent solely to the terms of such acknowledgment, and acceptance of any part of product(s) delivered by company shall be deemed to constitute assent. Is there a contract, and if so what are the terms?

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