Formation & consideration · Conditions & performance · Breach · Remedies

Contracts Issue Spotting Practice

Work through formation, conditions, breach, and remedies — the reasoning patterns that show up in every contracts exam.

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Issue Spot: The Custom Workbench

Formation & Consideration · Free access

Elias, an artisan furniture maker, emailed a proposal to The Daily Grind Coffee House on Tuesday, October 3rd, stating, "I can construct a bespoke, kiln-dried white oak service counter, tailored to your specifications, for a total of $3,200. Please confirm your commitment to this design by no later than Friday, October 6th at 5:00 PM." The cafe’s manager did not respond until Saturday, October 7th at 10:00 AM, when he sent a text message reading, "The design looks perfect, we are ready to move forward with you as planned." By the time Elias received this text, he had already diverted his supply of white oak to a different project because he had received no word from the cafe by the stated deadline. Believing the agreement was never formed, Elias declined to build the counter. The Daily Grind subsequently engaged a competing carpenter for a similar, though slightly higher-quality counter for $3,400. The cafe has now initiated a breach of contract action against Elias in state court, seeking the $200 price difference as damages. Elias moves to dismiss the complaint, asserting that no contract was ever formed between the parties.

Select all of the following legal issues that are raised by the facts and are relevant to whether a binding, enforceable contract exists between the parties.

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