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Q. Food mart has recently developed an online ordering service for home delivery within a 10-mile radius of each store. To use the service, Food mart requires consumers to agree to terms and conditions of a contract when first entering an online order. The contract specifies that advertised sales prices do not apply to online purchases and orders are limited to inventory on hand at the nearest store. Todd sees a Food mart newspaper advertisement for a chocolate sauce that is discontinued at a reduced price. The sauce is a key ingredient in a special cake recipe he uses in his catering business. Todd attempts to make an online purchase of all the remaining sauce at the store nearest to him. The store advises it has sold out, even though it has 10 cases in inventory. Todd requests that the store obtain the chocolate sauce from two other stores within the 10-mile radius. Food mart refuses, citing the contract. Todd sues, claiming the contract is not effective and he should receive all available chocolate sauce from all three stores at the sales price or he should receive damages equal to the amount of money he would have made from selling cakes made with the chocolate sauce. Who wins? Analyze the contractual issues unique to e-commerce.
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