Please use legal reasoning (FIRAC) to respond to this assignment and review
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 One week later, Sequent e-mails, and Treadwater receives, notice that the offer is withdrawn.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.
Whether Sequent’s telephone offer was a Merchant’s Firm Offer when it promised to keep the offer open for 30 days.
Merchant’s Firm Offer
Sequent manufactures washing machines so is a merchant
Sequent made an offer to Treadwater of $150 per unit
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.”
Whether Sequent’s telephone offer was NOT a Merchant’s Firm Offer when it promised to keep the offer open for 30 days.
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