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Marco agrees to sell Clowns R Us some balloons. The contract states that Clowns may buy as many balloons as it wishes. This agreement is _______.

1) a requirements contract.
2) an output contract.
3) an illusory contract.
4) d. an enforceable contract.

1 Answer

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Final answer:

The agreement between Marco and Clowns R Us is an illusory contract, as it lacks a definitive commitment from Clowns R Us, making it generally unenforceable.

Step-by-step explanation:

The agreement between Marco and Clowns R Us, where Clowns may buy as many balloons as it wishes, is classified as an illusory contract. An illusory contract does not bind the parties to its terms due to the lack of a definitive commitment from one of the parties, in this case, Clowns R Us. Since Clowns R Us is not obligated to purchase any balloons at all, they have not promised any particular performance, making this contract unenforceable. A requirements contract obligates a buyer to purchase a seller's entire production, and an output contract obligates a seller to sell the entire production to one buyer. Here, Clowns R Us is not committed to buying any specific quantity, making the agreement illusory and generally unenforceable in a court of law unless additional context or consideration is provided.

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