Question

Assume that instead of a formal written contract, you used an Order Form from Whole Grains, in which you ordered 300 pounds of flour at $1.00 per pound, and 200 pounds of sugar at $.75 cents per pound. You sent your signed order to Whole Grains, but Whole Grains signed nothing. The Order Form promised delivery within 3 days of receipt of a signed Order Form.

Do you have an enforceable contract? Why/why not?

Now assume that the order was for 300 pounds of flour at $1.00 per pound, and 200 pounds of sugar at $1.25 per pound. Do you have an enforceable contract? Why/why not?

Assume Whole Grains delivers the flour and sugar as required, but you refuse to accept it because you just didn't need it. You tell Whole Grains that as far as you're concerned, they never signed a contract so you don't feel obligated. Will Whole Grains be able to force you to accept the goods and pay the price? Why/why not?

Assume you didn't have time to mess with an Order Form, and just called Whole Grains to order the flour and sugar referred to in #2 above. Whole Grains confirmed your order by email as soon as it was received and delivers the flour and sugar 3 days later. You refuse to accept it because you just don't need it yet and tell Whole Grains just to cancel it. Can Whole Grains force you to accept and pay for the delivery? Why/why not?

Answer 1