Andy enters into a contract with John to purchase some pies for a party he is gi
ID: 451232 • Letter: A
Question
Andy enters into a contract with John to purchase some pies for a party he is giving. The contract specifies that John will provide 10 "moon pies" for the occasion. Prior to the contract, Andy was at a friend's house and was served an unusual pie made out of chocolate and green cheese, and the friend told him it was a moon pie - this is what Andy meant to be ordering. Unbeknownst to Andy, the pie John calls "moon pie" is made with ollaliberries and tang. The night of the party, John delivers his version of moon pies. Andy is stunned when he sees the fruity concoction and refuses to accept them.
(A) Assume John had no reason to know that Andy thought moon pies were made out of cocoa and green cheese, and Andy had no reason to know that John thought moon pies were made with fruit. What result? Explain.
(B) Now assume that just prior to their first meeting, John had heard Andy told Chris, John's receptionist, about the delicious chocolatey-cheesy moon pies he was hoping to serve at his party? What result? Explain.
Explanation / Answer
Answer:
A. In the first scenario both the parties that is Andy and John are practically unaware of the deisres of the other and have no means to know what other actually wants. Therefore, none of them can be hold hundred percent responsible for the unwanted moon pie being delivered at the party. There is an acute misunderstanding between the two and lack of knowledge about what is being asked for and what is actually prepared. They both can come to a compromise to settle the misunderstandings.
B. In the second scenario John's Receptinist has been very clearly told about the needs of Andy and what he meant to be a Moon Pie. The Receptionist can be presumed of being familier with what is prepared as Moon Pie at John's place as until and unless it is otherwise proved; the receptionist is an agent of John and she can very well inform John about Andy's desires. In this case to John can be held liable to bear the damages caused due to non delivery of proper moon pie. However, there shall be other aspects as well to be looked upon to come to final conclusion, like whether receptionist is actually aware of what is prepared at John's place and like that other aspects.