Business Law 13th Edition by Frank Cross, Kenneth Clarkson, Roger LeRoy Miller

Exercise 2

Additional Terms Strike offers to sell Bailey one thousand shirts for a stated price. The offer declares that shipment will be made by the Dependable Truck Line. Bailey replies, "I accept your offer for one thousand shirts at the price quoted. Delivery to be by Yellow Express Truck Line." Both Strike and Bailey are merchants. Three weeks later, Strike ships the shirts by the Dependable Truck Line, and Bailey refuses shipment. Strike sues for breach of contract. Bailey claims (a) that there never was a contract because the reply, which included a modification of carriers, did not constitute an acceptance and (b) that even if there had been a contract, Strike would have been in breach owing to having shipped the shirts by Dependable, contrary to the contract terms. Discuss fully Bailey's claims.