Intermountain Medical Supply states by an e-mail to the CEO of ValleyCare Hospital that its offer to sell hemostats for the operating room for $35.00 each will be held open for 40 days.IMS's e-mail is a firm offer that requires a consideration to be legally binding.

Question

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Under the Uniform Commercial Code (UCC), a firm offer does not require consideration to be legally binding if it is made by a merchant, in a signed writing, and gives assurance that the offer will be held open.

Intermountain Medical Supply States by an E-Mail to the CEO