Business Law Bus&201 Sears post its 2015 back to school catalog on line on its w
ID: 432957 • Letter: B
Question
Business Law Bus&201
Sears post its 2015 back to school catalog on line on its website. Carly falls in love with a jacket featured on the first page of the website. When Carly tries to purchase the jacket via the on line shopping cart, she is informed that Sears has sold out of the jacket. Carly is upset and claims that Sears is in breach of contract. Carly argues that the on line catalog presented an offer, which she accepted when she clicked to purchase the jacket and attempted to put the jacket in her on line shopping cart. Is Carly correct? Why/why not? 5 points for the first post and 5 points for any response.
Explanation / Answer
Explanation:
Carly is not correct since she has not paid for the jacket instead she has just recieved that jacket in online shopping cart and mere putting that jacket in online shopping cart is not consideration in contract.
In order to fulfill the contract there should be essential element of contract, there should be consideration required to complete the contract. In this case consideration is money which carly has not completed as she has just put jacket in cart and not done payment. If she would have paid for jacket and after that Sears would have denied for delivery of jacket than it would have been breach of contract.
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