Merchant to Merchant Contracts

 On October 1, 2007, the Family Inc. The largest catering and wedding banquet company in the country, faxed a “request form” to various suppliers of banquet tables requesting offers for the sale of 500 round banquet tables for one of its wedding facility chains. The form was on the family Inc. restaurants letterhead and signed by Sophia Lotto, family inc chief acquisition officer. The QRF specified that the offer must be held open for 100 days, until December 10, 2007 and that the price term must be no higher than $60 per table. On October 8, Joe, the president of “Tables for All Events, Inc.” Telephone Sophia to advise that he would sell family Inc. 500 round banquet tables at $50 per table and agreed to hold the offer open for 100 days. Sophia thank Joe for the offer and told him she would place the order before the hundred days ended. On December 1, Joe re-faxed a letter to the family ink restaurant stating that demand for round banquet tables were greater than he had anticipated and that his offer was terminated. On December 2, Sophia called Joe and told him that family inc. was treating Tables for All Events Inc. offer as still being open and was accepting the offer on its terms.

Since Joe is a merchant he thinks the UCC protects him in this case. What are Joe is liabilities and obligations with regard to the sale of the 500 round banquet tables to family Inc.?

 

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