A quasi contract arises from a mutual agreement between two parties.
Preferred shares normally have a fixed maturity date on which the firm must pay them
off.
Tune Products, Inc., offers to sell to Unlimited Sales Company one hundred MP3
players at $50 a piece, subject to certain specific delivery dates. Unlimited replies with
a signed purchase order that reads, “Accept your offer for 100 I-appliances at $50 each.
Must be delivered to our warehouse. Tune does not respond or deliver the goods.
Unlimited files a suit for breach of contract, to which Tune answers that there is no
contract because Unlimiteds purchase order contained additional terms and is not
signed by Tune. Can Unlimited recover? Explain.