Chris, the “special finance” manager of Collision Cars, Inc., offered to sell a car to Annette for $2,500. Annette replied that she had to first discuss this offer with her husband. Chris orally promised to “hold this car, and this price” for 24 hours. Annette returned two hours later and Chris told her that many people were looking at this car, and he had to raise the price to $2,700. Annette protested, Chris said “Take it or Leave it”, so Annette finally agreed to pay the $2,700. After “contracting”, the parties discovered that the car’s engine needed $300 worth of repairs, whereupon Chris agreed to modify the contract and reduce the price to $2,400.
Was Chris’ original offer a firm offer? Why or why not?
Was Chris entitled to revoke his offer when he did?
Is the modified contract enforceable? (Did Annette give consideration? Was consideration necessary here?)
Do you feel that this truly is a contract of adhesion? If it is, what happens?
Does the fact that Annette did not have a written contract for $2,500 or any price for that matter, make a difference?
Assume for this question that Annette got a written contract from Chris that he would sell for $2,400. From the parol evidence standpoint, can Annette make the argument in Court, that originally the car was priced at $2,500, and therefore after $300 in repairs, should be priced $2,200.