Reference no: EM131622538

Please use legal reasoning (FIRAC) to respond to this assignment

Sequent Products makes washing machines. Over the phone, Sequent offers to sell Treadwater Appliance Outlet one hundred model fx2013 washers at a price of $150 per unit. Sequent says that it will keep the offer open for thirty days. Treadwater responds that within two or three weeks it will decide whether to accept. One week later, Sequent e-mails, and Treadwater receives, notice that the offer is withdrawn. Treadwater immediately phones Sequent to accept the $150-per-unit offer. When Sequent refuses to deliver at that price, Treadwater files a suit. Sequent asserts, first, that there is no contract and, second, that if there is a contract, it is unenforceable.

Facts
Issue: Whether Sequent's telephone offer was a Merchant's Firm Offer when it promised to keep the offer open for 30 days.
Rule: Merchant's Firm Offer

Merchant

Makes an offer

Available for a specified period of time

In writing

Is irrevocable

Analysis: Merchant

Sequent manufactures washing machines so is a merchant

Makes an offer

Sequent made an offer to Treadwater of $150 per unit

Available for a specified period of time

Sequent committed to keeping the offer open for 30 days

4. In writing

Sequent made the offer by telephone

5. Is irrevocable

As there was no writing this offer was not a "Merchant's Firm Offer."

Conclusion:

Whether Sequent's telephone offer was NOT a Merchant's Firm Offer when it promised to keep the offer open for 30 days.