Problem
Foward Butts, a plumber, recently inherited a baby grand piano from his aunt Susan. Howard doesn't play the piano and has no room for it in his house, so he decides to try to sell it to his neighbor, Mitzie. Howard sends Mitzie the following offer, "I, Howard Butts, will sell you my baby grand piano for 6000. Payment to be made in installments of 1000 for the six months following the purchase."
Mitzie responds with the following written acceptance, "I, Mitzie, agree to purchase Howard Butt's baby grand piano for $6000. Payment to be made in installments of 1000 for the six months following the purchase. Howard agrees to deliver the piano to my residence, and also agrees to have the piano tuned before delivery."
i. What rule will be applied to determine if the acceptance with additional terms is effective?
ii. Why would that rule apply?
iii. Was the acceptance effective and as such, created a contract between the parties?
iv. How will the additional term be treated?
QIII. Greentree Plant Nursery sends Leafy Landscaping the following notice " All one gallon ornamental bushes can be purchased at $13.00 a unit. Greentree will deliver the bushes to buyer's place of business. Payment to be made by cash or credit card"
Leafy Landscaping then sends the following preprinted purchase order for 80 one gallon ornamental bushes. The purchase order includes the term "Greentree agrees to provide a 10% discount on all ornamental bushes not delivered to buyer within 30 days of the date of this purchase order."
i. What rule will be applied to determine if the purchase order with additional terms is effective?
ii. Why would that rule apply?
iii. Was the acceptance effective and as such, created a contract between the parties?
iv. If so, does the additional term become part of the contract?
v. Assuming it does, is there any way Greentree could prevent the additional term from becoming part of the contract?