Sunshine Orange Juice contracts with Manny’s Market to deliver orange juice thre
ID: 367937 • Letter: S
Question
Sunshine Orange Juice contracts with Manny’s Market to deliver orange juice three times per week on Mondays, Wednesdays, and Fridays. Sunshine soon realizes this is a big commitment since Manny’s is a little ways out of town. After a couple of weeks, Sunshine delivers only on Monday and Wednesday. Manny calls Sunshine when the Friday shipment does not come. Sunshine says Manny will have to pay an extra $50 per week for Friday deliveries. Manny agrees because he has to have an orange juice shipment for the weekend. Which is correct?
The contract is unenforceable because Sunshine had a preexisting duty.Explanation / Answer
As the circumstances lead to the change in contract conditions and even Manny agreed to it the contract can be enforceable if both the parties make mutual agreement and sign it freshly but until then a contract cannot be changed and they need to follow the contract until they sign a new one. Hence the contract is enforceable because there was a new consideration given.
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