Bob was receiving an award in two weeks and wanted a new suit. Bob went to his tailor, Ned, to see if he could get a suit made in time for the award ceremony. Ned took Bob's measurements. Bob then picked out a black fine wool fabric. Ned told Bob that the fabric was out of stock, but he would try to locate enough for the suit.
Ned explained that if he finds the fabric, the suit will cost $1,000.00. Bob thought that was high, but said, "Let me know in two days. If not I will have to find a suit somewhere else."
The next day, Ned found the fabric and immediately sent an email to Bob:
I found the fabric. I will start work on your suit immediately. I should be done in four days. The price will be $1,000. I will call you when you can pick it up.
Bob got the email and read it. He was going to call Ned and tell him the suit was too expensive, but he could not find Ned's business card he picked up so, he didn't have the phone number. Bob then forgot about the email until Ned called informing him that the suit was ready. Bob told Ned he didn't want the suit and then hung up.
Can Ned sue Bob for the breach of contract?
Issue-The primary issue in this case, is whether or not there was a breach of contract by Bob, when Bob failed to pay for and pick up a suit that was tailor-made for him by Ned. In addition, is Bob liable to Ned, when Ned did not use the agreed-upon method by which to contact Bob in reference to purchasing the suit for the agreed-upon price of $1000.
Rules-The express terms of a contract can be defined as the terms that are either verbally expressed during the negotiations process, or written into a ...