BOB intends to sell his jet ski to FRED for $2,500.00

BOB intends to sell his jet ski to FRED for $2,500.00. BOB writes up a contract for the sale of the jet ski, but, instead of typing in the $2,500 figure, BOB types in $1,500.00. BOB then E-Mails the offer to FRED. While FRED has never seen BOB’s jet ski, he always wanted one, so, FRED immediately E-Mails his acceptance of BOB’s offer which BOB receives. After receiving FRED’s acceptance, BOB realizes his mistake for the price stated in his offer and refuses to give the jet ski to FRED stating that he made a mistake of the price in his offer and FRED should have realized it. FRED now sues BOB for the jet ski stating “We have a contract”.

Question 2 – Part 1  

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  1. Who should prevail in this suit and WHY? Discuss BOB’s defenses, if any, to avoid having to sell the jet ski to FRED, and FRED’s responses to BOB’s defenses to try to get the contract enforced so as to get the jet ski from BOB. Set forth the LAW that applies to any defense that either BOB or FRED might use to win their case.

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