Business Law: Principles for Today's Commercial Environment 3rd Edition by Marianne Moody Jennings, David Twomey, Marianne Jennings

Exercise 9

B. Foster invited Tie and Track Systems Inc. to submit price quotes on items to be used in a railroad expansion project. Tie and Track responded by e-mail on August 11, 2006, with prices for nine items of steel ties. The e-mail concluded, "The above prices are delivered/ Terms of Payment-to be agreed/Delivery-to be agreed/We hope you are successful with your bid. If you require any additional information please call." Just three of the nine items listed in Tie and Track's price quote were "accepted" by the project. L. B. Foster demanded that Tie and Track provide the items at the price listed in the quote. Tie and Track refused. L. B. Foster sued for breach of contract. Did the August 11 e-mail constitute an offer, acceptance of which could bind the supplier to a contract If so, was there a valid acceptance [L. B. Foster v Tie and Track Systems, Inc., 2009 WL 900993 (ND Ill)]