Part 1: Yes an enforceable contract is formed because all the essential elements

Question

Part 1: Yes an enforceable contract is formed because all the essential elements of the contract stand true here. There is offer and acceptance, lawful object and lawful consideration as well. This is a oral contract bwteen the parties. Article 2 is of UCC is regarding the transaction of the goods. In this case there is no transaction of goods therefore it does not apply here. Here the contract is one to present goods .

Part 2: Yes joe can cancel the contract but a result of not completing the contract he will have to compensate the radio station. The amount decide if prepaid will be retained by the radio sttaion or if not prepaid then Joe will have to compensate by paying just the amount which radio station lost due to booking of the slot. Radio station in this case can sue Joe for compensation and damages.

Explanation / Answer

This is in regards to Contract Law.

Scenario: Joe wants to do some radio advertising for his dog walking and tax preparation business. Joe talks on the phone to a sales representative from the WTOP radio station. After several discussions, they agree to a slate of radio spots to air on specific dates for a set price. No written contract is signed but Joe sends the representative an email that says “Let’s move forward with this 8-week run at $9600.” [PS: This is an actual case (with names changed) discussed on “Solosez,” the ABA listserv for solo attorneys.] Two part question; don’t miss part 2 below.

Your questions: Part 1: Has an enforceable contract been formed? Why or why not? Is this a written contract or an oral contract? Does Article 2 of the UCC apply to this situation?

Part 2: So the radio spots start, but after week two all the talk on Twitter is that Joe’s business must be a joke. Joe is appalled and wants to cancel the ad campaign.

Your questions: Can Joe cancel the contract? If he does cancel, what are the radio station’s rights?

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