Legal Question in Business Law in California

Jim needs tomatoes to fill a 10,000 case order, and is getting desperate. He jumps into his truck and when he sees all of the tomatoes growing at Ruth's farm, he stops to speak with her. Ruth agrees that once she gets all of her tomatoes harvested, she will be glad to sell all of them to Jim. Jim knows that Ruth's prices are generally higher than most, but he needs the tomatoes, so he has no choice. They then shake hands after Ruth hands Jim a note that says All my tomatoes for Jim. Feeling somewhat at ease because he now has the much needed tomatoes, but also somewhat anxious because of the anticipated high price, Jim decides to do a little more shopping. At the other end of the town, Jim sees Tom's farm, and it has about half as many tomatoes as Ruth's. However, Jim agrees to purchase them from Tom.

When harvest time arrives, Jim purchases 5,000 tons of tomatoes from Tom but when he arrives at Ruth's to purchase the remaining ten tons he needs, she informs him that she expects him to purchase all 10,000 tons, and that they will be rotten in a week.

What arguments will Ruth make, and how will Jim likely respond?


Asked on 6/19/12, 5:24 pm

5 Answers from Attorneys

Roy Kohler Law Offices of Roy Kohler

Well, That's a pretty good law school test question.

Guess you are going to have to figure it out for yourself.

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Answered on 6/19/12, 5:29 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

LawGuru attorneys cannot answer law school homework or test questions.

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Answered on 6/19/12, 5:32 pm
Jeannette Darrow Jeannette C.C. Darrow, Attorney at Law

Jim is getting desperate about getting tomatoes, and you are getting desperate about getting your assignment done with the most minimal amount of effort possible. Nice try.

Consider the lack of responses you are getting here good practice for all the assistance you won't be getting during your finals and the bar exam.

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Answered on 6/19/12, 5:38 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Also note how you've jumbled your quantity information. 10,000 cases becomes 10,000 tons, then after buying 5,000 tons, Jim needs a "remaining ten tons."

Finally, tomatoes are usually packed, shipped and sold in cartons or cases of 20 to 25 lbs. net weight each, so about 100 cartons to a ton.

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Answered on 6/19/12, 6:05 pm
Edward Hoffman Law Offices of Edward A. Hoffman

You are supposed to be learning how to answer questions like this yourself, not how to ask other people for the answer. Now go hit the books.

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Answered on 6/20/12, 1:50 pm


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