Acceptance of the Offer Flashcards
In the town of Hampshire there live two women named Harriett Folger. One lives at 14 Chelton Lane. The townsfolk know her to be an industrial quality control engineer. She is also a talented seamstress but, as she is well aware, no one knows that. The other Harriett Folger, of 14 Chester Lane, is a seamstress, renowned for the high quality of her work. Farah Fuilan, also of Hampshire, writes and signs this letter:
Dear Ms. Folger,
As is well known, you are a gifted seamstress. I have a dress in need of repair. I’d like you to examine it and determine whether you can fix it. I’ll pay you $100 to do just that much. I’d like to meet next Saturday — at 1:00 P.M. if that works for you. Are you agreeable?
Sincerely yours,
Farah Fuilan
Confused as to which Harriett lives where, Farah addresses her letter to Harriett the engineer at 14 Chelton Lane. Harriett receives the letter, opens it, and writes back to Farah: “Yes, absolutely. I am agreeable. Let’s meet this coming Saturday at 1:00 P.M., my home.”
Farah then learns of her error. She contacts Harriett the engineer and tells her, “By error, I sent my letter to you. I now know that I should have sent it to Harriett Folger the seamstress, at 14 Chester Lane.” The engineer responds, “You do not know it, but I too am a capable seamstress. You sent the letter to me, I accepted your offer, and we have a contract.” Farah asserts that she and Harriett (the engineer) did not form a contract. Her position is best supported by which fact?
A. Farah honestly wished to contact the other Harriett and, under the circumstances, her error was reasonably understandable.
B. Harriett knew that her abilities as a seamstress were unknown to the community.
C. Harriett’s principal professional activity is in the field of engineering.
D. Farah cannot be bound to an agreement she did not intend to make.
B. Harriett knew that her abilities as a seamstress were unknown to the community.
Martha secured a patent for a biomedical device she called “Gutmate.” Believing that Deborah was a qualified manufacturer of biomedical devices, Martha sent Deborah the Gutmate plans and designs, together with a note: “I am prepared to hire you as manufacturer of Gutmate. I have little capital and propose, therefore, to convey to you a share of the patent ownership in exchange for your services. I invite your acceptance.” Deborah responded, by writing: “Yes, we have a deal.”
Does Deborah’s response constitute an acceptance?
A. Yes, because Deborah expressed her assent, clearly and unequivocally
B. Yes, because Martha explicitly invited Deborah to accept
C. No, because Martha’s writing omits to describe Deborah as a qualified manufacturer
D. No, because Martha’s writing proposes no definite bargain
E. No, because it did not present the word “accept” or “acceptance”
D. No, because Martha’s writing proposes no definite bargain
Sidney says to Rena: “I’d like to use your recording studio this coming Tuesday from 9 A.M. to noon. Will you rent it to me, and if so, what will you charge?” Rena responds: “Yes, definitely, I accept. The charge is $100 per hour, but on that day the studio is available only from noon to 3 P.M.”
Which of the following responses from Sidney would most likely create a contract?
A. “Fine, noon to 3 P.M. it is, but I can pay only $250.”
B. “Fine, noon to 3 P.M. it is, but I can’t afford $300.”
C. “Fine, noon to 3 P.M. it is, but let’s make it $95 per hour.”
D. “Fine.”
D. “Fine.”
Sidney says to Rena: “I’d like to use your recording studio this coming Tuesday from 9 A.M. to noon. Will you rent it to me, and if so, what will you charge?” Rena responds: “Yes, definitely, I accept. The charge is $100 per hour, but on that day the studio is available only from noon to 3 P.M.”
Assume that Sidney responds to Rena: “Well, that’s a high price, and I’d feel better with a price of $95. But that’s my problem — you’ve got a deal.” Have the parties formed a contract?
A. Yes, because Sidney assented fully to the terms Rena proposed
B. Yes, because Sidney’s proposed price of $95 differs only slightly from Rena’s proposed price of $100
C. No, because Sidney did not manifest complete satisfaction with Rena’s proposed price term
D. No, because as to time, Rena’s offer did not conform to Sidney’s original proposal
A. Yes, because Sidney assented fully to the terms Rena proposed
On October 30, Tien brings a box full of silverware to Alex’s store, “Shine, Sheen, and Show-It-Off.”
Tien: I’d like you to polish all of my silverware by November 1.
Alex: I can do the job by November 5, for $75.
Tien: What do you think about November 3?
Alex: No, I can’t do that either. In fact, I’ve just realized that I can’t do it, even by November 5. How about November 7? Deal?
After Alex makes statement 4,
A. the parties have no contract, but Tien is empowered to accept Alex’s offer to complete the job by November 5.
B. the parties have no contract, but Tien is empowered to accept Alex’s offer to complete the job by November 7.
C. the parties have a contract requiring that Alex complete the job by November 5.
D. the parties have a contract requiring that Alex complete the job by November 7.
B. the parties have no contract, but Tien is empowered to accept Alex’s offer to complete the job by November 7.
