18. W.T. Sherman loved cigars, and was tired of paying

18. W.T. Sherman loved cigars, and was tired of paying
high prices for them. He Googled “cigars” and found a company that would sell him cigars in bulk. Sherman called, ordered 500 cigars for $5,500, and provided his credit card. When he lit up the first cigar, he was upset to find that the cigar tasted horrible despite allegedly being his favorite brand. Feeling burned (pun intended), Sherman called his lawyer, and asked for legal advice as his credit card company would not block the transaction. His lawyer will have to advise Sherman that:

a. Cigars cannot be sold by telephone in the United States, so he has no claim.

b. Since he had no written contract, Sherman will have a very difficult time suing under the UCC due to something called the “Statute of Frauds.”

c. Sherman should quit smoking.

d. Sherman can file suit for actual and punitive damages.