What defense make if sued for breach of contract


Question: Mary Tassini is the Chairperson for the annual Monmouth County Republican Women's club picnic at the County Park in Shrewsbury, NJ, scheduled for November 7, 2023. Without the permission of the Club, Mary initiates a conversation over the phone on October 15, 2023 with the Friendly Food Service wherein Mary orally orders 1000 Philly Cheese Steaks at $3.00 per unit. Later, the Club cancels the picnic because they were concerned that too few tickets would be sold. However, Mary had failed to notify Friendly and the cheese steaks are nonetheless delivered to the event site. Friendly brings suit against Mary for the contract price of $3,000. What defense might Mary make if she is sued for breach of contract? Why? Let's change the facts a bit..... Suppose that Mary had had accepted the cheese steaks on the morning of the picnic? Would that change the result? Why? Now, suppose the cheese steaks had been "special ordered" with a blending of unique spices, onions, and garlic. Might that change the result? Why or why not??

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