chapter 6 offer and acceptance 6-1 creation of offers 6-2 termination of offers 6-3 acceptances

CHAPTER CHAPTER 66Offer and AcceptanceOffer and Acceptance

6-1 Creation of Offers6-1 Creation of Offers

6-2 Termination of Offers6-2 Termination of Offers

6-3 Acceptances6-3 Acceptances

6-16-1 Creation of Offers Creation of Offers

GOALSGOALS List the elements required to form a List the elements required to form a

contractcontract Describe the requirements of an offerDescribe the requirements of an offer

QuestionQuestionJuan and Susan were talking one day after Juan and Susan were talking one day after

school. Juan would turn 16 on the school. Juan would turn 16 on the upcoming July 13 and wanted to buy upcoming July 13 and wanted to buy Susan’s car. Susan, 17, had been working Susan’s car. Susan, 17, had been working and saving her money to buy a new car. and saving her money to buy a new car. Selling her old car for $2,800 would give Selling her old car for $2,800 would give her enough to do so. She offered it to Juan her enough to do so. She offered it to Juan for that amount, and he accepted. Did the for that amount, and he accepted. Did the two friend create a legally enforceable two friend create a legally enforceable contract?contract?

Minimum age to be bound by contract is 18 in most states. Therefore if either one wanted out of the contact they would be able too.

FOCUSFOCUS

What distinguishes a contract from What distinguishes a contract from other agreements?other agreements?

Contracts are enforceable by courts. Contracts are enforceable by courts. In contrast social agreements are not In contrast social agreements are not enforceable by law.enforceable by law.

What two actions are necessary to What two actions are necessary to form an agreement which may result form an agreement which may result in a contractin a contractAn offer and an acceptanceAn offer and an acceptance

WHAT MUST BE IN WHAT MUST BE IN A CONTRACT?A CONTRACT?

Offer and acceptanceOffer and acceptance Genuine assentGenuine assent Legality Legality ConsiderationConsideration CapacityCapacity WritingWriting

Offer and AcceptanceOffer and Acceptance

Offeror – one who makes the offerOfferor – one who makes the offer offeree – the one whom it is made to.offeree – the one whom it is made to. Terms must be definite and accepted Terms must be definite and accepted

without change by the party to whom it without change by the party to whom it was intended to be offered.was intended to be offered.

Without offer and acceptance the courts Without offer and acceptance the courts would not have an agreement that could would not have an agreement that could be enforced.be enforced.

To enforce arbitrary terms against the To enforce arbitrary terms against the parties would be involuntary servitude and parties would be involuntary servitude and prohibited by the Constitution prohibited by the Constitution

Genuine AssentGenuine Assent

An agreement based on deception, An agreement based on deception, improper pressure, certain types of improper pressure, certain types of mistakes is not an agreement mistakes is not an agreement

LegalityLegality

What the parties agree to must be What the parties agree to must be legal. legal.

ConsiderationConsideration

The agreement must involve both The agreement must involve both sides receiving something of legal sides receiving something of legal value as a result of the transaction.value as a result of the transaction.

Without this we have merely a Without this we have merely a promise to make a gift. promise to make a gift.

CapacityCapacity

The court must not have to enforce The court must not have to enforce unfair bargains made due to a lack of unfair bargains made due to a lack of ability to contract in the first place.ability to contract in the first place.

Parties must be able to contract for Parties must be able to contract for themselves. themselves.

WritingWriting

Some contracts are so important that Some contracts are so important that the courts must have a writing to be the courts must have a writing to be sure the proper terms are being sure the proper terms are being enforced.enforced.

What elements are required to form a legally enforceable contract?

offer and acceptance, genuine assent, legality, consideration, capacity, and a writing

REQUIREMENTS OF AN REQUIREMENTS OF AN OFFEROFFER

Offer – is a proposal by an offeror to do Offer – is a proposal by an offeror to do something, provided the offeree does something, provided the offeree does something in return.something in return.

Offer must be valid to be a contract. Three Offer must be valid to be a contract. Three tests that a valid offer must pass are:tests that a valid offer must pass are:

1.1. Contractual intent must be present in the Contractual intent must be present in the offer.offer.

2.2. The offer must be communicated to the The offer must be communicated to the offeree.offeree.

3.3. The essential terms of the offer must be The essential terms of the offer must be complete and definite.complete and definite.


Contractual intent must be present- Contractual intent must be present- Must use the reasonable person test to say Must use the reasonable person test to say

whether their was intent to make an offer.whether their was intent to make an offer.

Objective Test – how the external behavior of Objective Test – how the external behavior of the parties appears to a reasonable personthe parties appears to a reasonable person

Subjective Test – What the person could Subjective Test – What the person could convince the trier of the fact that he or she convince the trier of the fact that he or she really felt.really felt.


The following show non-intent to contract: The following show non-intent to contract: The law is not concerned with what is in the The law is not concerned with what is in the

mind of the person making an offer by rather mind of the person making an offer by rather with the appearance of this action.with the appearance of this action.

Jests – Statement made as a jokeJests – Statement made as a joke Statements made in anger or terror - Statements made in anger or terror - Social agreements – agreement of social Social agreements – agreement of social

agreementagreement


Preliminary negotiations – information Preliminary negotiations – information communicated merely to induce someone to communicated merely to induce someone to initiate bargaining. (Newspaper ads are just an initiate bargaining. (Newspaper ads are just an invitation to bargain). The offer typically comes invitation to bargain). The offer typically comes from the party responding to the ad. from the party responding to the ad.

For an Ad to be offer it must clearly be worded in For an Ad to be offer it must clearly be worded in ways that address the problem of numerous people ways that address the problem of numerous people receiving the ad for a limited amount of product. receiving the ad for a limited amount of product. “Sold to First person or subject to stock on hand”“Sold to First person or subject to stock on hand”

Asks the offeree to perform an act as a way to accept Asks the offeree to perform an act as a way to accept the offer. “to the first person to appear at the main the offer. “to the first person to appear at the main door Saturday 6door Saturday 6thth and 6:00 am.” and 6:00 am.”

Mismarked goods does not make the seller to Mismarked goods does not make the seller to accept the wrong price.accept the wrong price.


Offer must be communicated to the offeree - Offer must be communicated to the offeree - A person who is not the intended offeree cannot A person who is not the intended offeree cannot

accept the offer.accept the offer. Essential terms must be complete and Essential terms must be complete and

definite – definite – complete – all offers must at minimum include, complete – all offers must at minimum include,

price, subject matter and quantity, either directly price, subject matter and quantity, either directly or indirectly, to be legally effective. (any terms or indirectly, to be legally effective. (any terms missing not a valid offer)missing not a valid offer)

Definite – each essential term must be identified Definite – each essential term must be identified clearly. clearly.

QuestionQuestionAnchors Aweigh, a boat retailer, placed an Anchors Aweigh, a boat retailer, placed an

ad in a local newspaper announcing a one-ad in a local newspaper announcing a one-day sale of cabin cruisers for the “bargain day sale of cabin cruisers for the “bargain price” of $35,5000 each. The dealer had price” of $35,5000 each. The dealer had five cruisers in stock, and they all were five cruisers in stock, and they all were sold within one hour. During the rest of sold within one hour. During the rest of the day, seven other would-be buyers the day, seven other would-be buyers came in to purchase a bargain cruiser. Did came in to purchase a bargain cruiser. Did the Anchors Aweigh advertisement make the Anchors Aweigh advertisement make offers to the would-be buyers?offers to the would-be buyers?

This is just an invitation to bargain. Preliminary negotiations.

QuestionQuestionNick asks Kim to go to dinner at the Sunset Nick asks Kim to go to dinner at the Sunset

Restaurant at 7:00 PM on Saturday.Restaurant at 7:00 PM on Saturday.

Andrea mentions to Sabra that she is considering Andrea mentions to Sabra that she is considering selling her car to Sheila for $750.00 Without selling her car to Sheila for $750.00 Without Andrea’s permission to do so, Sabra later tells Andrea’s permission to do so, Sabra later tells Shelia of Andrea’s statement. Sheila shows up Shelia of Andrea’s statement. Sheila shows up with the money to buy the car.with the money to buy the car.

Tim says to Blake, I’ll buy one of your cars.”Tim says to Blake, I’ll buy one of your cars.”

Social Agreement, No contract

No communication by the offeror to the would-be offeree. No contract unless Sheila’s actions would constitute offer if Andrea wanted to accept it.

Incomplete information no contract would result

QuestionQuestionThe owner of a small color television set The owner of a small color television set

offers to sell it to a neighbor for $75. As offers to sell it to a neighbor for $75. As the neighbor stands there thinking about the neighbor stands there thinking about the offer, a bystander says, “That’s a the offer, a bystander says, “That’s a bargain. I’ll take it.” Is there a contract bargain. I’ll take it.” Is there a contract between the bystander and the owner?between the bystander and the owner?

No Contract because the offer was not made to the bystander.

QuestionQuestionIn Marsha Brady’s famous “something In Marsha Brady’s famous “something

suddenly came up episode” was there a suddenly came up episode” was there a contract for the original date.contract for the original date.

No Social engagement not a contact.

QuestionQuestionThe Nationwide Credit Union agreed to allow The Nationwide Credit Union agreed to allow

Heidi to borrow up to $10,000. Nothing Heidi to borrow up to $10,000. Nothing was specified as the length of the was specified as the length of the agreement, the rate of interest the credit agreement, the rate of interest the credit union would charge, or the terms of union would charge, or the terms of repaying any loan. The credit union did repaying any loan. The credit union did not make a loan of $8,000 to Heidi when not make a loan of $8,000 to Heidi when she requested it four months later. Is the she requested it four months later. Is the credit union liable for breach of contract.credit union liable for breach of contract.

No, the credit union is not liable because no contract arose. The agreement was missing essential terms such as the rate of interest.

QuestionQuestionG. Whiz Sports Shop published this G. Whiz Sports Shop published this

advertisement in the local newspaper. advertisement in the local newspaper. “Congratulations to the winners of the Tour “Congratulations to the winners of the Tour de France! Now you too can be a champ! de France! Now you too can be a champ! Get an 18-sped Blue Lightning bicycle for Get an 18-sped Blue Lightning bicycle for only $2,295 – marked down from $2,795, only $2,295 – marked down from $2,795, the manufacturer’s suggested retail price. the manufacturer’s suggested retail price. What a bargain. Come and get it!” Baxter What a bargain. Come and get it!” Baxter visited the discount store the following day visited the discount store the following day and said, “I’ll take on of the Blue Lightning and said, “I’ll take on of the Blue Lightning bike.” The clerk replied, “Sorry we had only bike.” The clerk replied, “Sorry we had only ten bikes in stock and they’ve all been sold.” ten bikes in stock and they’ve all been sold.” Was the advertisement an offer? Was the advertisement an offer?

No, the advertisement was not an offer because it did not address the problem of a limited quantity of the bikes.

What are the requirements of an offer?

The offer must have contractual intent, be complete and definite, and in some fashion be communicated to the offeree by the offeror.

6-26-2 Termination of Offers Termination of Offers

GOALSGOALS Describe the various ways to end Describe the various ways to end

offersoffers Explain how an offeree can ensure an Explain how an offeree can ensure an

offer will remain openoffer will remain open

FOCUSFOCUS

Can offers to contracts be terminated Can offers to contracts be terminated at different times depending on the at different times depending on the subject matter of the offer?subject matter of the offer?

They can be.They can be.

QuestionQuestionOn May 15On May 15thth, Melissa offered to sell her collection of , Melissa offered to sell her collection of

baseball cards for $3,000 at anytime before the baseball cards for $3,000 at anytime before the first of the next month to her friend and fellow first of the next month to her friend and fellow collector, Raoul. While Raoul was trying to raise collector, Raoul. While Raoul was trying to raise the money, Melissa had second thoughts. So she the money, Melissa had second thoughts. So she called Raoul and said, “I’ve changed my mind, called Raoul and said, “I’ve changed my mind, I’m not interested in selling the cards.” Raoul I’m not interested in selling the cards.” Raoul responded, “It’s too late, you said the offer would responded, “It’s too late, you said the offer would be open for this whole month. This is just the be open for this whole month. This is just the 2020thth, and I’ve got the money so I accept.” Was , and I’ve got the money so I accept.” Was Melissa’s offer terminated before Raoul’s Melissa’s offer terminated before Raoul’s attempted acceptance?attempted acceptance?

Because Melissa revoked first, there was no offer for Raoul to accept. The promise to keep it open until the end of the month was not legally binding to her.

HOW CAN OFFERS HOW CAN OFFERS BE ENDED?BE ENDED?

Once made an offer does not last forever. It can Once made an offer does not last forever. It can be terminated in a variety of ways.be terminated in a variety of ways. Revocation by the offerorRevocation by the offeror

Revocation – the right to withdraw an offer before it is Revocation – the right to withdraw an offer before it is accepted is know as the right of revocation. Not effective accepted is know as the right of revocation. Not effective until communicated to the offeree.until communicated to the offeree.

Can revoke anytime before it is accepted by the offeree. Can revoke anytime before it is accepted by the offeree. Even if promised to keep open.Even if promised to keep open.

Time stated in the offer – Time stated in the offer – When making an offer it may be stated how and when the When making an offer it may be stated how and when the

offer must be accepted. If not within that time or way no offer must be accepted. If not within that time or way no contract.contract.

Reasonable length of timeReasonable length of time When nothing is said in the offer about how long it will When nothing is said in the offer about how long it will

remain open, it will end after a reasonable time. It depends remain open, it will end after a reasonable time. It depends on the surrounding circumstances. on the surrounding circumstances.

HOW CAN OFFERS HOW CAN OFFERS BE ENDED?BE ENDED?

Rejection by the offeree Rejection by the offeree When offeree clearly rejects the offer, the offer is When offeree clearly rejects the offer, the offer is

terminated (unless renewed th the original offeror)terminated (unless renewed th the original offeror) CounterofferCounteroffer

When offeree changes the offeror’s terms in When offeree changes the offeror’s terms in important ways and sends it back to the offeror. This important ways and sends it back to the offeror. This becomes the new offer.becomes the new offer.

Death or insanity of either the offeror or Death or insanity of either the offeror or offereeofferee

Contracts are agreements voluntarily entered into by Contracts are agreements voluntarily entered into by the parties and subject to their control. These people the parties and subject to their control. These people do not have control.do not have control.

Destruction of the specific subject matterDestruction of the specific subject matter If whatever was offered is destroyed no contract.If whatever was offered is destroyed no contract.

Explain two ways in which offers can be terminated.

HOW CAN AN OFFER BE HOW CAN AN OFFER BE KEPT OPEN?KEPT OPEN?

Options –Options – If the offeree gives the offeror something of If the offeree gives the offeror something of

value in return for a promise to keep the offer value in return for a promise to keep the offer open, this agreement is itself a binding open, this agreement is itself a binding contract called an option. Offer cannot be contract called an option. Offer cannot be withdrawn during the period of the option.withdrawn during the period of the option.

Firm offersFirm offers A A writtenwritten offer stating how long it is to stay offer stating how long it is to stay

open called a firm offer. The UCC makes firm open called a firm offer. The UCC makes firm offers binding for the time stated but not offers binding for the time stated but not longer than 3 months. Applies to Merchants.longer than 3 months. Applies to Merchants.

QuestionQuestionThe Downings had placed their idle factory The Downings had placed their idle factory

building on the market for $950,000. building on the market for $950,000. Robinson, a developer, was interested in Robinson, a developer, was interested in buying it, but she needed time to buying it, but she needed time to persuade a group of investors to join her in persuade a group of investors to join her in a syndicate to purchase the building. a syndicate to purchase the building. Robinson offered $10,000 to the Downings Robinson offered $10,000 to the Downings to keep the offer open to her alone for 60 to keep the offer open to her alone for 60 days. The Downings accepted the money. days. The Downings accepted the money. Are they now legally bound to keep the Are they now legally bound to keep the offer open to the Robinson.offer open to the Robinson.This was an option and the Downings could not legally

withdraw the offer or sell to another party during the 60 days.

QuestionQuestionWhile her car was in Prescott’s garage for repairs, While her car was in Prescott’s garage for repairs,

Wood noticed a large, seemingly unused, metal Wood noticed a large, seemingly unused, metal tool chest in the corner, complete with about 400 tool chest in the corner, complete with about 400 standard and metric tools. Wood offered to buy it standard and metric tools. Wood offered to buy it for $3,000 and said, “You can take a week to for $3,000 and said, “You can take a week to think about it before you decide whether to think about it before you decide whether to accept.” Four days later, before Prescott had accept.” Four days later, before Prescott had responded, Wood told Prescott that she was responded, Wood told Prescott that she was withdrawing her offer as she had found a better withdrawing her offer as she had found a better set for less money. Can Prescott still accept set for less money. Can Prescott still accept Wood’s original offer? If wood had put the offer in Wood’s original offer? If wood had put the offer in writing, could she have withdrawn it before the writing, could she have withdrawn it before the week was over?week was over?Yes, Wood can withdraw an offer even when he promised

to leave it open. A firm offer or option is required to bind on offer to the promise to leave an offer open.

QuestionQuestionFrank saw a wheelchair advertised in the paper for Frank saw a wheelchair advertised in the paper for

sale for $900. When he called the seller, who had sale for $900. When he called the seller, who had bought it to use while he was recovering from a bought it to use while he was recovering from a skiing accident, the seller said it had not yet been skiing accident, the seller said it had not yet been sold. Frank drove out to see it but found it needed sold. Frank drove out to see it but found it needed work. So Frank offered $700. The seller seemed work. So Frank offered $700. The seller seemed insulted, and said he wasn’t interested at that insulted, and said he wasn’t interested at that price. Frank left. About an hour later, he went price. Frank left. About an hour later, he went back and found the wheelchair had not been sold. back and found the wheelchair had not been sold. He then offered the $900 specified in the ad. He then offered the $900 specified in the ad. However, the seller refused to sell it to him. Frank However, the seller refused to sell it to him. Frank became upset and sued to get the court to force became upset and sued to get the court to force the owner to sell it to him for $900. Will the seller the owner to sell it to him for $900. Will the seller have to do so? Why or why not?have to do so? Why or why not?

No, the seller’s offer at $900 was rejected by Frank so he cannot later accept it.

QuestionQuestionGus walked into his local hardware store to Gus walked into his local hardware store to

buy exterior paint for his house. It was on buy exterior paint for his house. It was on sale for $35.00 a gallon. Gus wanted to sale for $35.00 a gallon. Gus wanted to check around but didn’t want to lose the check around but didn’t want to lose the change to buy at the sale price. In response change to buy at the sale price. In response to Gus’s request, the manager of the paint to Gus’s request, the manager of the paint department wrote Gus a not stating, “Gus department wrote Gus a not stating, “Gus Almondson may buy up to 15 gallons of Old Almondson may buy up to 15 gallons of Old Dutch Exterior Grade paint for $35 per Dutch Exterior Grade paint for $35 per gallon anytime within the next two weeks.” gallon anytime within the next two weeks.” The manager signed and dated the note. Is The manager signed and dated the note. Is this offer binding?this offer binding?

Yes, this is a firm offer and therefore a binding offer.

QuestionQuestionPhil was talking with Sharon about Opie, his Phil was talking with Sharon about Opie, his

Springer Spaniel dog. Phil explained that Springer Spaniel dog. Phil explained that Opie has a strong personality, loves to Opie has a strong personality, loves to snuggle up to people, likes to eat “people snuggle up to people, likes to eat “people food,” and is a good watchdog. Sharon food,” and is a good watchdog. Sharon liked Opie a lot and needed a dog. She liked Opie a lot and needed a dog. She asked Phil how much he paid for Opie. Phil asked Phil how much he paid for Opie. Phil said, “I paid $75, but I wouldn’t sell Opie for said, “I paid $75, but I wouldn’t sell Opie for ten times that amount. Sara said, “Well ten times that amount. Sara said, “Well okay, it’s a deal then. I’ll give you $800, okay, it’s a deal then. I’ll give you $800, more than ten times the $75.” Has Opie more than ten times the $75.” Has Opie been sold?been sold?

Opie has not been sold because Phil did not make an offer.

How could an offeree ensure that an offer will stay open for a set period of time?

Options or Firm offers

6-36-3 Acceptances Acceptances

GOALSGOALS Discuss the requirements of an Discuss the requirements of an

effective acceptanceeffective acceptance Determine at what point in time an Determine at what point in time an

acceptance is effectiveacceptance is effective

FOCUSFOCUS

ScenarioScenario John makes an offer to Paul. Paul is John makes an offer to Paul. Paul is

not interested, but Paul’s friend, who not interested, but Paul’s friend, who was standing nearby, hears the offer was standing nearby, hears the offer and says she accepts.and says she accepts.

QuestionQuestion Has a contract been formed?Has a contract been formed?

No, it can only be accepted by the person(s) whom it has been made.

WHAT IS REQUIRED WHAT IS REQUIRED OF AN ACCEPTANCE?OF AN ACCEPTANCE?

Only offerees may acceptOnly offerees may accept The acceptance must match the offerThe acceptance must match the offer Acceptance must be communicated Acceptance must be communicated

to the offerorto the offeror


Only offerees may accept –Only offerees may accept – If made to general public then anyone can accept.If made to general public then anyone can accept.

The acceptance must match the offerThe acceptance must match the offer Mirror image rule – requires that the acceptance Mirror image rule – requires that the acceptance

must exactly match the terms contained in the must exactly match the terms contained in the offer.offer.

Under the UCC an attempted acceptance of an Under the UCC an attempted acceptance of an offer for a contract for a sale of goods can be valid offer for a contract for a sale of goods can be valid where the offer and acceptance agree. Anytime a where the offer and acceptance agree. Anytime a consumer is involved the consumer is singled out consumer is involved the consumer is singled out for protection against unagreed to terms being for protection against unagreed to terms being included in the contract without the consumer’s included in the contract without the consumer’s consent.consent.


Acceptance must be communicated to the offerorAcceptance must be communicated to the offeror Silence cannot be an acceptance of an offer.Silence cannot be an acceptance of an offer. bilateral acceptance – bilateral acceptance –

Most offers are these (bilateral contracts) Contains two Most offers are these (bilateral contracts) Contains two promisespromises

Can be accepted by giving a promiseCan be accepted by giving a promise unilateral acceptance – unilateral acceptance –

Indicate acceptance by offeree by performing a certain act.Indicate acceptance by offeree by performing a certain act. Unilateral ContractsUnilateral Contracts Example promise to pay reward to anyone who returns a Example promise to pay reward to anyone who returns a

lost camera. When camera returned is acceptance of offer.lost camera. When camera returned is acceptance of offer. Modes of contractual communicationModes of contractual communication When acceptances are effective –When acceptances are effective –

Court say acceptance is effective when sent by the same Court say acceptance is effective when sent by the same means used for the offer or by faster means.means used for the offer or by faster means.

Acceptances sent by mail generally take effect when Acceptances sent by mail generally take effect when properly posted.properly posted.

The offeror may specify what is necessary means of The offeror may specify what is necessary means of acceptance.acceptance.

What are the requirements of an effective acceptance?

Must come from the intended offeree, match the terms of the offer, and be communicated to the offeror in a proper and timely fashion.

QuestionQuestionWhen Blithely found Jack on Blithely’s used car When Blithely found Jack on Blithely’s used car

lot looking at an SUV, she introduced herself lot looking at an SUV, she introduced herself and then showed him the features of the and then showed him the features of the vehicle. After a period of time they vehicle. After a period of time they discussed the price, and then she opened discussed the price, and then she opened the driver’s door for him. As he slid behind the driver’s door for him. As he slid behind the wheel, she said, “Tell you what. I the wheel, she said, “Tell you what. I believe that once a customer gets behind believe that once a customer gets behind the wheel of one of these beauties, he’s the wheel of one of these beauties, he’s sold. So, if you don’t say no within the next sold. So, if you don’t say no within the next ten seconds, we’ve got a deal at $15,750.” ten seconds, we’ve got a deal at $15,750.” Jack said nothing within the ten seconds. Jack said nothing within the ten seconds. Did Jack legally agree to Blithely’s offer.Did Jack legally agree to Blithely’s offer.

No Contract would result by the silence.

QuestionQuestionTo help pay for housing renovations, Jeanne placed To help pay for housing renovations, Jeanne placed

an ad on the bulletin board at the public golf an ad on the bulletin board at the public golf course showing a picture of her prized set of golf course showing a picture of her prized set of golf clubs, her phone number, and the figure $2,000. clubs, her phone number, and the figure $2,000. Eve, after seeing the ad called Jeanne and then Eve, after seeing the ad called Jeanne and then drove to her house with $2,000 in hand. When se drove to her house with $2,000 in hand. When se presented the $2,000 to Jeanne, the latter presented the $2,000 to Jeanne, the latter refused it, stating that she had received several refused it, stating that she had received several calls raising it to $2,500. Can Eve sue and force calls raising it to $2,500. Can Eve sue and force Jeanne to accept her $2,000 for the clubs. Why Jeanne to accept her $2,000 for the clubs. Why or why not?or why not?

No. The $2,000 was merely an invitation to negotiate. Therefore, Eve’s presenting the $2,000 was not an acceptance but an offer. Jeanne has as much right to raise that price as others do to try and get her to lower it.

QuestionQuestionOffice Suppliers, Inc. ordered 2,000 of 20lb. Office Suppliers, Inc. ordered 2,000 of 20lb.

paper from Dimension Paper for $1.75 per paper from Dimension Paper for $1.75 per ream to be delivered at the Office ream to be delivered at the Office Suppliers warehouse on April 24. Suppliers warehouse on April 24. Dimension responded that 2,000 reams Dimension responded that 2,000 reams would be delivered on April 25 at the price would be delivered on April 25 at the price of $1.75 per ream. Office Suppliers made of $1.75 per ream. Office Suppliers made no further response. Has a valid contract no further response. Has a valid contract been formed? If so, what are the terms? been formed? If so, what are the terms? If not, why not?If not, why not?

A Valid contract has been formed based on Office Suppliers offer. UCC code minor changes

chapter 6 offer and acceptance 6-1 creation of offers 6-2 termination of offers 6-3 acceptances

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