Legal Question in Business Law in Illinois

Kristina places an order for a cake on Flowers bakery's web site. She then calls the baker to tell him that she will pay him $1000 for the specially designed cake if he will guarantee delivery of the cake on Friday afternoon for a party at her house scheduled to begin at 7:00 pm. The baker has difficulties with his oven due to a power outage and is not able to get the cake to her house until 10:00 pm. Kristina does not want to pay him $1000 on delivery. Can the baker sue Kristina for payment of the cake? What remedies are available to him?


Asked on 3/13/13, 8:38 am

1 Answer from Attorneys
Stephen Messutta

We don't answer law school, business school or other kinds of tests, which this definitely sounds like. But there are a few keys to the answer: (a) was the delivery requirement in writing (proof), and (2) did she accept delivery nonetheless and what is the normal charge for the kind of cake she wanted (contract vs quantum meruit), and (3) whose problem is the faulty oven?

Read more
Answered on 3/17/13, 12:54 pm


Related Questions & Answers

More Business Law questions and answers in Illinois