Business Law 12th Edition by Roger LeRoy Miller ,Frank Cross

Exercise 14

Shane Durbin wanted to have a recording studio custom-built in his home. He sent invitations to a number of local contractors to submit bids on the project. Rory Amstel submitted the lowest bid, which was $20,000 less than any of the other bids Durbin received. Durbin called Amstel to ascertain the type and quality of the materials that were included in the bid and to find out if he could substitute a superior brand of acoustic tiles for the same bid price. Amstel said he would have to check into the price difference. The parties also discussed a possible start date for construction. Two weeks later, Durbin changed his mind and decided not to go forward with his plan to build a recording studio. Amstel fi led a suit against Durbin for breach of contract. Using the information presented in the chapter, answer the following questions.
Suppose that the court determines that the parties did not reach an agreement. Further suppose that Amstel, in anticipation of building Durbin's studio, had purchased materials and refused other jobs so that he would have time in his schedule for Durbin's project. Under what theory discussed in the chapter might Amstel attempt to recover these costs?
DEBATE THIS: The terms and conditions in click-on agreements are so long and detailed that no one ever reads the agreement. Therefore, the act of clicking on "Yes, I agree" is not really an acceptance.