"Customer Uncertainty." Wallace wanted baseball caps with thename of the firm of which he was president, ABC Corporation,emblazoned on the front. Fran, a merchant in specialized goods,orally agreed with Wallace that she would sell to him 200 baseballcaps at $5 each. No writing was ever made although there were anumber of witnesses to the conversation. After the caps werefinished, but before they were shipped, Wallace called to cancelthe order because his firm had just announced a merger and would nolonger be known as ABC Corporation. Fran told him to forgetcanceling the contract because she had just finished the caps.Wallace told Fran that she should have been smarter and had himsign something because without a writing, she does not have achance in court. Fran is also having problems with other customers.A father who voluntarily coached a youth softball league in hiscommunity called and orally ordered 150 baseball caps at a cost of$400 each to give out at a league banquet. He just wanted a varietyof caps with no name on them because players from different teamswould be at the banquet. Fran had sent a confirming letter to thecoach. Fran had the caps packed up and ready to go. Twenty dayslater, just before she shipped them, the coach called and told herthat there was a big feud, the banquet was canceled, and that hewas canceling the order. She believes that the coach should paydamages and that it is just that he do so because a big order wasinvolved. Finally, Fran plans on taking to small claims court amerchant customer who orally ordered 500 plain T-shirts at a costof $5 each but has not picked them up and has refused to do soafter several demands.
Are there any steps Fran should take in small claims court, orbefore she goes, regarding the customer who ordered the plainT-shirts?
A.
No, because once the parties are in court, positions of theparties are frozen.
B.
No, because once the parties are in court, only the judge canadd evidence.
C.
Yes, she should attempt to get the customer to admit to thejudge that he ordered the T-shirts.
D.
Yes, she should dismiss the case before she is charged withsanctions.
E.
Yes, she should dismiss the case before she is charged with theother party's attorney fees.
"Customer Uncertainty." Wallace wanted baseball caps with thename of the firm of which he was president, ABC Corporation,emblazoned on the front. Fran, a merchant in specialized goods,orally agreed with Wallace that she would sell to him 200 baseballcaps at $5 each. No writing was ever made although there were anumber of witnesses to the conversation. After the caps werefinished, but before they were shipped, Wallace called to cancelthe order because his firm had just announced a merger and would nolonger be known as ABC Corporation. Fran told him to forgetcanceling the contract because she had just finished the caps.Wallace told Fran that she should have been smarter and had himsign something because without a writing, she does not have achance in court. Fran is also having problems with other customers.A father who voluntarily coached a youth softball league in hiscommunity called and orally ordered 150 baseball caps at a cost of$400 each to give out at a league banquet. He just wanted a varietyof caps with no name on them because players from different teamswould be at the banquet. Fran had sent a confirming letter to thecoach. Fran had the caps packed up and ready to go. Twenty dayslater, just before she shipped them, the coach called and told herthat there was a big feud, the banquet was canceled, and that hewas canceling the order. She believes that the coach should paydamages and that it is just that he do so because a big order wasinvolved. Finally, Fran plans on taking to small claims court amerchant customer who orally ordered 500 plain T-shirts at a costof $5 each but has not picked them up and has refused to do soafter several demands.
Are there any steps Fran should take in small claims court, orbefore she goes, regarding the customer who ordered the plainT-shirts?
A. | No, because once the parties are in court, positions of theparties are frozen. |
B. | No, because once the parties are in court, only the judge canadd evidence. |
C. | Yes, she should attempt to get the customer to admit to thejudge that he ordered the T-shirts. |
D. | Yes, she should dismiss the case before she is charged withsanctions. |
E. | Yes, she should dismiss the case before she is charged with theother party's attorney fees. |
