Breach of contract action

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Reference no: EM133935787

Question

Concepcion, the owner of Oceanside Digital Media, a company that collects and converts vinyl records into digital formats, sent the following signed letter to Pichardo, on May 5: "I recently came into possession of the one of a kind, original vinyl master recording of Run DMC's first album, Run-DMC. I know that you are a collector of vintage rap music, so I thought you might be interested. I will sell the Run-DMC album to you for $500,000. This is a firm offer that will be open until May 20 and will not be withdrawn before that date." Pichardo received the offer on May 8.

On May 10, Concepcion changed her mind and decided she did not want to sell the album. She sent a letter to Pichardo, which Pichardo received on May 12, in which Concepcion stated that she was withdrawing her offer.

On May 15, Pichardo sent a letter to Concepcion, accepting the offer. Due to a terrible storm, Concepcion did not receive the letter until May 18. When Pichardo went to Oceanside Digital Media on May 19 to pay for the album and take possession, Concepcion said there was no contract and refused to take payment or give the album to Pichardo.

1. In an action by Pichardo against Concepcion for breach of contract, judgment for whom? Explain.

2. Assume that Pichardo wins the breach of contract action. If Pichardo wants the album rather than damages, what remedy should he ask for? Explain.

Reference no: EM133935787

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