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19 January, 07:23

A large wholesale dealer in produce had never done business with a certain greengrocer who operated a small chain of markets in the Midwest. They entered into a written agreement whereby the wholesale dealer agreed to supply to the greengrocer the "fuzzy" variety of peaches at $35 per 50-pound lot. The agreement contained a provision stating that the greengrocer will buy "as many 50-pound lots of fuzzy peaches as the greengrocer chooses to order." Assuming that the greengrocer has not yet placed any orders for peaches with the wholesale dealer, is this agreement between the parties enforceable?

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  1. 19 January, 07:29
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    No

    Explanation:

    Based on the information provided within the question it can be said that the agreement between the parties is not enforceable. This is because there is no consideration on the greengrocer's part. This means that the party in question (greengrocer) is not receiving a benefit giving them a reason to enter into the contract, which is stated by the provision that states that they will buy whatever amount they choose to order.
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