Travis verbally ordered a new $500 dinette set from Timpson's Furniture and the salesman accepted the order verbally.Taking his name and address,the salesman having run out of sales contracts,said he would send Travis a copy of the contract the following day,and asked Travis to sign and return it.When the copy of contract arrived,Travis did not sign it and he refused delivery of the dinette set when it arrived.Timpson's sued Travis for breach of contract.
A)Timpson's cannot enforce the contract because,under the legislation governing sales such as this,the contract had to be in writing to be enforceable.
B)Travis cannot raise the defence that the contract had to be in writing to be enforceable.
C)If Travis had accepted delivery of the dinette set,and then had returned it and refused to pay,Timpson's could still not enforce the contract.
D)The contract sent to Travis would defeat his defence that the contract was not evidenced in writing.
E)All of the responses are correct.

Question

Quizplus · Accepted Answer

Under the legislation governing sales, contracts for the sale of goods over a certain value (in this case, $500) must be in writing to be enforceable. As there was no written contract, Timpson's cannot enforce it.

Travis Verbally Ordered a New $500 Dinette Set from Timpson's