Question

14. The defendant, Gray Communications, desired to have a tele! vision tower built. After a number of negotiation sessions conducted by telephone between the defendant and the plain- tiff, Kline Iron, the parties allegedly reached an oral agree ment under which the plaintiff would build a tower for the defendant for a total price of $1,485,368. A few days later, the plaintiff sent a written document, referred to as a proposal for execution by the defendant. The proposal indicated that it had been prepared for immediate acceptance by the defen- dant and that prior to formal acceptance by the defendant it! could be modified or withdrawn without notice. A few days! later, without having executed the proposal, the defendant advised the plaintiff that a competitor had provided a lower bid for construction of the tower. The defendant requested that the plaintiff explain its higher bid price, which the plain- tiff failed to do. The defendant then advised the plaintiff by letter that it would not be retained to construct the tower. The plaintiff then commenced suit, alleging breach of an oral contract, and asserting that the oral agreement was enforcea- ble because the common law of contracts, not the Uniform Commercial Code (UCC), governed the transaction and that

help me please

Answer 1

As per legal definition of merchant's exception, which says that oral agreement is only enforceable when the writing confirmatory is set forth oral agreement and the recipient does not object within 10 days and knows what is written in agreement.

here we dont know in how many days the recipient has objected that some competitor has offered a better deal.

If we assume that the recipient has taken objection within 10 days,  then this contract is not enforceable.

Hope the explaination are sufficient. pls let me know if any concerns.