Statute of Frauds Hypo

By Kerry Branch

	Genie bottles were all the rage among the local Witches' Coven.  
Samantha decided to throw a genie bottle party (kind of like a tupperware 
party for witches) to see if she couldn't make some extra money to buy 
Darren an extra-special birthday present.  She had plenty of experience 
in buying and selling of witches' goods because that was what she had 
done before she met Darren and still participated on the sly (her last 
broomstick sale was a roaring success).
	Samantha called Jeannie who was the head of the I Dream of Genie 
Bottles Company and arranged to meet her on the 13th of October to 
discuss purchasing some bottles.  Samantha went to Jeannie's office and 
they there hammered out a deal for 300 purple and pink bottles at $5 per 
bottle to be delivered at Samantha's home on November 15.
	"Now, Jeannie, are you sure you won't forget about this?" 
Samantha asked concerned.  "Here, let me write it down so you can 
remember.  This is really important order."
	So Samantha wrote down the terms and signed her name to it.  
"There you go.  Now you can have something to refer to."
	"But you totally misspelled my name.  It's not 'Jennie,' it's 
'Jeannie.'"  So Jeannie added the needed "a" and sighed with 
satisfaction.  "Oh, that is much better.  I'll get to work on these right 
away."
	They shook hands and Samanth left.

QUESTION 1:  If Jeannie breached and did not deliver the goods as 
promised, could Samantha get the agreement enforced?

	When Samantha talked to a few of her friends and invited them to 
her bottle party, some acted rather dismayed w/the color choice and asked 
if it wasn't possible to get the bottles in purple and black.  So, on 
November 1, Samantha hurriedly twitched her nose and popped over to 
Jeannie's office.
	"Jeannie, I need to change that order.  It's just a small thing, 
really.  Can I get those bottles in purple and black instead of purple 
and pink?"
	"Oh, I don't know...," Jeannie said, pouting slightly.
	"Look I really need those bottles in purple and black.  I can't 
sell the pink and purple."

QUESTION 2:  If Jeannie is unable to change the order at this time, can 
Jeannie get the original agreement enforced?

	"That's going to require a lot of blinking, nodding, and 
pony-tail swinging to change the colors on all of those bottles. I could 
get whiplash!" Jeannie complained.
	"Look, what if I promise you an additional 5% of my net profit 
for changing the colors. Let's see....That would work out to about $500!  
That's a lot of extra cash for you."
	jeannie thought about it for a minute. "How about 5% of your 
gross profit?"
	Samantha was incredulous.  " I don't think so.  That's more than 
I can afford.  What about 7% of my net profit?  That's my final offer."
	"Okay.  I'll take it.  I'll get to work changing the colors right away!"
	"Great.  See you later."

SCENARIO 1:  Jeannie delivers the bottles alright, but they're all pink 
and purple!  Samantha is totally disgusted and is only able to sell about 
100 of the 300.  What kind of legal remedy, if any, would Samantha be 
entitled to?

SCENARIO 2:  Jeannie blinks, nods, and swings her pony-tail 300 times to 
change the colors.  Her neck is killing her.  She has to go buy Motrin, a 
heating-pad, and see a chiropractor 5 times.  Samantha only pays her the 
money promised originally, ignoring the subsequent promise of the 7% 
bonus.  Can Jeannie recover?  What if Samantha only pays her 5%?

What if Samantha drew up a new contract for purple and black bottles and 
told Jeannie to sign it or she would turn her into a toad?  Jeannie 
signed it because she doesn't look good in green.  Jeannie doesn't perform 
and only gives the pink and purple bottles.  Is the subsequent contract 
enforceable?

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