Barnes & Noble faxes to Woodchip Publishing Company on May 1, ...

[james]

Barnes & Noble faxes to Woodchip Publishing Company on May 1, 2002 the following:  Please ship immediately six copies of NOBODY FIXES REAL CARROT STICKS ANYMORE.  Price: 6.00 Shipping: 2/book  Woodchip ships six books with an invoice as follows:  Six NOBODY FIXES REAL CARROT STICKS ANYMORE  6.00 = 36.00  Shipping and Handling = 6.00  Suppose that the fax from Barnes & Noble read:  Please ship immediately via priority mail - 10 Copies of NOBODY FIXES REAL CARROT STICKS ANYMORE.  Price: 6.00 per book Shipping: 3.95 total  Woodchip ships the books at the 6 price but ships them via two-day UPS at a price of 5.95. Is there a contract?

Question 2

The breach of the fiduciary duty by an agent:
 A) results in termination of the agent.
 B) terminates the agent's apparent authority.
 C) does not terminate an agent's implied authority.
 D) None of the above

[stanleka1]

Answer to Question 1

You have two merchants and Woodchip accepted by shipping, but used a different carrier that made a difference in price. It was an acceptance and breach at the same time because Barnes & Noble specified shipping and Woodchip used a different means for shipment. At a minimum, Barnes & Noble is permitted to not pay the extra shipping even if it chooses to accept the books. The acceptance on the different shipping terms is really not an acceptance, but a counteroffer that Barnes & Noble is free to accept or reject.

Answer to Question 2

A