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This is in regards to Contract Law.
Scenario: Joe wants to do some radio advertising for his dog walking and tax preparation business. Joe talks on the phone to a sales representative from the WTOP radio station. After several discussions, they agree to a slate of radio spots to air on specific dates for a set price. No written contract is signed but Joe sends the representative an email that says “Let’s move forward with this 8-week run at $9600.” [PS: This is an actual case (with names changed) discussed on “Solosez,” the ABA listserv for solo attorneys.] Two part question; don’t miss part 2 below.
Your questions: Part 1: Has an enforceable contract been formed? Why or why not? Is this a written contract or an oral contract? Does Article 2 of the UCC apply to this situation?
Part 2: So the radio spots start, but after week two all the talk on Twitter is that Joe’s business must be a joke. Joe is appalled and wants to cancel the ad campaign.
Your questions: Can Joe cancel the contract? If he does cancel, what are the radio station’s rights?
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