Answer :
In this scenario, Blanche made an offer to Stan to purchase 500 red shirts with the expectation that they would be shipped promptly. Stan, however, shipped 500 blue shirts without indicating that this was an accommodation for the original offer.
To understand the legal implications of Stan's actions, we must consider the principles of contract law.
Shipment as Acceptance and Breach:
- Stan's shipment of blue shirts could be seen as an acceptance of Blanche's offer because he did send the shirts. However, because they were the wrong color, this shipment simultaneously constituted a breach of contract. Blanche's offer specified red shirts, and shipping blue shirts does not fulfill the specific terms of the contract.
- In contract law, the 'perfect tender rule' applies, which requires that the goods delivered must exactly meet the terms of the contract. The fact that Stan sent blue shirts violates this rule.
Counteroffer and Rejection:
- When a seller ships goods that do not conform to the terms of the contract without indicating that it is an accommodation, it is typically considered a breach, rather than a counteroffer. In this case, since there was no communication from Stan that the blue shirts were an attempt to accommodate the inability to supply red shirts, it doesn't qualify as a counteroffer.
- Additionally, shipping the non-conforming goods would not constitute a rejection of the original offer since he still accepted the order, albeit improperly. Rejection would require a clear communication from Stan refusing to fulfill the order as specified.
Considering these points, the best choice reflecting the situation is:
2. Stan's shipment of blue shirts was simultaneously an acceptance of Blanche's offer and a breach of contract.
In summary, while Stan accepted the offer by shipping the shirts, the fact that they were the wrong color is a breach of the terms specified in Blanche's offer, which required red shirts to be shipped promptly.
