Law, 05.09.2019 20:30 brittneyhiebert5583
The owner of a pet shop received an e-mail from a professional bird breeder that included the following offer: "lovebirds! $120 a pair! delivery in 4-6 weeks. terms of sale, cash within 30 days of delivery." the shop owner e-mailed the bird breeder on april 26, agreeing to purchase one pair of lovebirds for $120. after looking over the e-mail the next day, the bird breeder sent a reply e-mail to the shop owner indicating that there was a mistake in the initial e-mail; it should have read "$120 per bird." the bird breeder went on to state that she would ship the pair of birds to the shop owner if she would pay the additional $120. in her e-mailed reply, the shop owner authorized the breeder to ship the pair of lovebirds and agreed to pay the additional $120, but she noted that they must be delivered on or before may 21. the bird breeder immediately e-mailed the shop owner agreeing to deliver the birds to her by may 21. however, the birds did not arrive at her shop until june 1, and the shop owner refused to accept them.
in an action by the bird breeder against the shop owner for breach of contract, which of the following awards is most likely?
a nothing, because the birds did not arrive at the shop owner's store by may 21.
b $120, because the promise to pay the additional amount with a new delivery date was only a counteroffer.
c $120, because the bird breeder had a preexisting legal obligation to ship the birds to the shop owner.
d $240, because consideration is not required to modify a contract for the sale of goods
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