Microapple was the manufacturer of video games. Microapple’s sales person Jewel emailed big box distributor BigBuy telling them about the new video gaming console, the AppleJack, that Microapple will release on November 22, 2015. In Jewel’s email, she offered BigBuy “the amazing opportunity to be the one and only seller of AppleJack to the public” and she stated that Microapple would “sell BigBuy all of 1,000,000 units of AppleJacks to BigBuy for $200 per unit if BigBuy did not sell any other gaming console from November 22, 2015 to December 25, 2015.” BigBuy’s president wrote back to Jewel that he would accept the offer only if Microapple reduced its price per unit to $150. On October 31, 2014, Jewel emailed BigBuy’s president that MicroApple would reduce the price as requested.
When the fall of 2015 came around, preliminary reviews on the AppleJack were dismal. Every gaming magazine gave it an F grade because it had poor web collaboration and bad graphics. However, the Sonysam product, the Andalxy, got straight As and was the hottest game on the market. BigBuy leadership conferred and decided to sell the Andalxy along with the AppleJacks during the November 22, 2015 to December 25, 2015 holiday buying season. It would put a huge markup on the Andalxy to help make up the expected loss it would take on the AppleJacks.
When November 22, 2015 hit and Microapple learned that BigBuy was selling the Andalxy, it filed suit against BigBuy for breach of contract. Write an essay analyzing Microapple’s chances of success. In doing so, be sure to:
Identify and define each and every element of a valid and enforceable contract.
Explain, factually, why or why not there is evidence to support each and every element of a valid and enforceable contract.
Reach a logical and well supported conclusion as to the validity of the contract.
Reach a logical and well supported conclusion as to the enforceability of the contract.