Prevail on theory of commercial impracticability

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1. Briana makes an offer to sell purses to Carly, and Carly accepts, but adds some slight modifications. Briana and Carly are both merchants. Briana and Carly do not have a contract, because the "mirror image" rule applies to contracts for the sale of goods.

2. In Washington, a non-professional bailee might be able to limit liability to the property owner for loss of the goods that are the subject of the bailment (e.g., an automobile).

3. A competitor has standing to sue, and a viable claim, on the ground that it has been "injured in his business or property by reason of a violation" of the Racketeer Influenced and Corrupt Organizations Act (RICO), when the competitor claims to have lost a competitive advantage because of mail or wire fraud.

4. In order to prevail on a theory of “commercial impracticability,” a party’s performance under the contract must become extremely costly or extremely difficult, and the party who wants to take advantage of the defense must show that the commercial impracticability situation was not foreseeable.

Reference no: EM132172996

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