Reference no: EM131297715
Rebecca, a 17-year-old high school student, had been baking homemade pies and cakes since she was 13 years old. On May 15, Derrick contacted Rebecca and asked if Rebecca could provide baked goods in about two weeks for a graduation party of 300 students to be held on June 1. Derrick stated that he would pay $1500 for cakes and pies. Rebecca stated that she would be more than happy to bake the cakes and pies for Derrick's party. On May 27, Rebecca left a message on Derrick's answering machine stating that the supplies are more expensive than she expected and that she would need a total of $2100. Derrick never responded to the message.
On May 31, Rebecca called to inform Derrick that she had begun baking and the pies and cakes would be ready for the party. Somewhat surprised, Derrick explained that he hired someone else to provide the cakes and pies because Rebecca called and requested a higher price. Derrick hired Cakes and Things, Inc., to provide the cakes and pies for the original contract price that he and Rebecca agreed to, the sum total of $1500. Upset by this, Rebecca swore that Derrick would "see her in court." In addition to the cakes and pies, Cakes and Things, Inc., agreed to provide the party hats and favors. The price of the party hats and favors was $900.
On the day of the party, Cakes and Things, Inc., called Derrick to say that his dessert order was ready, but there was bad news. Cakes and Things, Inc., discovered the day before the party that it could not provide the party hats and favors because there was a strike at the supply plant where the party hats and favors were produced. As such, the goods did not arrive on time. The entire agreement was memorialized in writing on an invoice of Cakes and Things, Inc., signed by both Derrick and a Cakes and Things, Inc., representative. Angry, Derrick stated that things just were not going well and he was going to cancel the party. As such, he did not need the cakes and pies.
Please discuss all legal concepts.
1. The issues in a suit for damages by Rebecca against Derrick; and,
2. The issues in a suit for damages by Derrick against Cakes and Things, Inc., including any counterclaim Cakes and Things, Inc., may have. Cite your text pages.
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