Author Question: A contract that is a sale of goods is governed by the Uniform Commercial Code. Indicate whether the ... (Read 93 times)

joesmith1212 · **on:** Jun 24, 2018

A contract that is a sale of goods is governed by the Uniform Commercial Code.
Indicate whether the statement is true or false

Question 2

Gerwin's daughter Mary was seeking a position as an associate attorney with Baker, Charles & Dixon, a large metropolitan law firm. The firm, after several meetings with Mary over a two-month period, made Mary an offer of employment on January 15. Mary accepted the offer that day and immediately left for Cape Cod to celebrate without telling Gerwin or anyone else about her new job. On January 17, two days after Mary had accepted the offer, Gerwin sent Baker, Charles & Dixon a letter in which she offered to give Baker all of her legal business (approximately 40,000 per year) if the law firm would hire Mary. The law firm accepted. After Gerwin learned that Mary already had been hired by Baker, Charles & Dixon, Gerwin refused to transfer her business to the law firm. The law firm has brought suit against Gerwin on the grounds that a valid contract exists between them. How will the case be decided?

amynguyen1221 · **Reply #1 on:** Jun 24, 2018

Answer to Question 1

TRUE

Answer to Question 2

Judgment will be for Gerwin. A binding contract does not exist between Gerwin and Baker because the element of consideration is missing. The consideration for Gerwin's promise to transfer her legal business, which was Baker's hiring of Mary, already had been received at the time Gerwin's offer was made. Baker's promise to hire Gerwin's daughter was not consideration because Baker already was under a legal obligation to hire her.