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Fact Pattern 10-1 Lulene Makes the Best Lemon Meringue Pies in Mississippi. So

Question 47

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Fact Pattern 10-1
Lulene makes the best lemon meringue pies in Mississippi. So Ellen, who owns Ellen's Old Fashion Cafe, contracts with Lulene to buy 50 pies per week at the price of $5.00 per pie.
Although Lulene took a class in business law, she forgot to get her agreement with Ellen in writing. Lulene and Ellen agreed during a chat. Lulene said: "I will supply you with lemon meringue pies for however long you want them at $5.00 per pie." Ellen said: "That's great, I'll take them." Both women were pleased.
Soon Lulene had a problem. Between a hurricane in Florida and brush fires in California, the price of lemons increased by 200%. Now, instead of the $5.00 per pie price she intended to charge Ellen, she feels she must charge $7.00 per pie to make a little profit.
Lulene calls Ellen with the bad news and Ellen has a fit. She tells Lulene that's too bad, but the deal is off. Lulene says, "That's what you think!" and goes to see Amanda, her attorney.
-Refer to Fact Pattern 10-1. After Lulene offers to supply Ellen with pies, Ellen says, "That's great, but I would like to have some coconut lemon bars as well." In this case, Ellen's acceptance:


A) is valid under the common law only
B) is valid based on equivocality
C) is invalid because it is unequivocal
D) is invalid because it is not a clear acceptance of the offer
E) is invalid because it was made too late

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