Reinfort refused to pay $4,000 and insisted on paying only $3,000. Is the contractual modification binding? Explain.
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Reinfort executed a written contract with Bylinski to purchase an assorted collection of shoes for $3,000. A week before the agreed shipment date, Bylinski called Reinfort and said, “We cannot deliver at $3,000; unless you agree to pay $4,000, we will cancel the order.” After considerable discussion, Reinfort agreed to pay $4,000 if Bylinski would ship as agreed in the contract. After the shoes had been delivered and accepted by Reinfort, Reinfort refused to pay $4,000 and insisted on paying only $3,000. Is the contractual modification binding? Explain. |
Explanation
The oral alteration in the contract made by Individual B will be valid and binding Individual R to pay the altered amount to Individual B. This is because the oral contract between the two parties is valid as Individual R accepted the goods when sent by Individual B, even though the consideration involved in the contract is greater than $500.
Individual R can get away with the liability of paying $4,000 if Individual R successfully proves that they had no intention of entering into the contract.
Verified Answer
Individual R will have to pay $4,000 to Individual B as the goods had been received and accepted by Individual R.
