Contracts
Exam 20
Fact pattern
As a pop-art devotee, Artist would create an original collage of photographs, then reproduce the original in limited numbers of prints. Artist had been creating a series of collages depicting famous science-fiction writers. Each piece in this series, whether original or a reproduced print, was named using the first name of the writer depicted. Artist’s most recent work was called Octavia, after the writer Octavia Butler. Per Artist’s custom, Artist also named the limited-edition prints Octavia.
Collector came to view the original Octavia collage along with one of the limited-edition prints. Collector was a big fan of the piece. Collector had long been a fan of Artist’s work and had purchased prints of five prior pieces in the science-fiction series at prices ranging from $1,400 to $1,600 per print. After viewing the Octavia collage, Collector emailed Artist on May 1:
As always, I love your work and absolutely must have Octavia for my collection. Can I give you $1,300 for her?
On May 2, Artist replied:
I’m so glad you like her! I think she is my favorite thus far. Octavia will be priced at $1,500, but if you are interested I will sell to you before offering any to the public. I would be happy to deliver it to your home like last time.
On May 3, Collector replied:
Wonderful, I am happy to accept your price of $1,500. If possible, might you deliver Octavia to my office instead of my home? I plan to hang her there.
On May 4, Artist replied:
I’m sorry, but your office is outside the area covered by my courier. However, I will make sure Octavia is delivered to your home tonight so you may bring her into the office with you tomorrow.
That night, Artist’s courier delivered an Octavia print to Collector’s home. Collector refused to pay and tried to return the print, saying that he had agreed to purchase the original collage this time, not a reproduction. Artist refused to accept the return, arguing that he intended to sell only a print called Octavia, not the original collage. When Collector still refused to pay, Artist sued Collector for breach of contract.
Questions
Did Collector’s May 3 change to the delivery location mean that his purported acceptance of Artist’s offer was invalid? Explain.
How will the court likely resolve the confusion regarding the term “Octavia?” Explain.