Exam 10: Mutual Assent

If Thomas seemingly offers to sell to Raquel his Toro lawnmower but he intends to offer and believes he is offering her his Murray mower,and she accepts the offer,reasonably believing it was for the Toro,no contract has been formed because there is no mutual assent.

The Code's firm offer rule applies only to offers in writing that are made by a merchant offeror.

Alice offers to sell her computer,monitor,and printer to Bradley for $300.Bradley says he will accept provided that Alice includes her word processing software.What is the status of their discussions?

Gail sent a letter of acceptance to an offer that has expired.Gail has made:

Michelle's Boutique places an ad in the Sunday paper for beautiful,top-of-the-line designer suits for $3.00 each.Irene sees the ad in the paper and goes to the store to stock up on business suits for her new job.Michelle apologizes for the misprint.Irene has just finished a class in contract law and insists that the store sell her five suits for $15.00.Irene threatens to sue Michelle for breach of contract.In this case:

The Rogers family has always wanted to buy the beautiful house at the top of the hill.The owners of the house,the Thompsons,decided to sell and called Mr.Rogers.Before he could get back in touch with Mr.Thompson,Mr.Rogers suffered a heart attack and died.Mr.Rogers' adult daughter,to whom the Thompsons had not spoken,still wants the house.She may:

The case in which the court held that a newspaper advertisement was an offer because it contained a promise of performance in definite terms in return for a requested act was:

Leonard offers to sell his diamond ring to Emily.If Diane overhears the offer and says,"I accept the offer":

An offer is an indefinite proposal made by one person to another.

Chad has offered to take Miles into his accounting firm as a partner upon payment of $5,000 cash.In response,Miles says,"I'll give you $3,000 cash now and I will pay you the remainder in two months after I see whether things are working out as a partnership." In this case:

A valid offer may be in the form of an act for a promise,which is an offer to enter into an inverted unilateral contract.

If an offer states that a reply must be received by a certain date,the contract is formed at the time the offeree sends or dispatches the acceptance.

George offered to paint Catherine's barn for $4,000.Catherine said she would accept the offer if George would paint the woodshed,too.At this point,they have made a valid and enforceable contract.

A contract exists when an offer has been accepted.

Shirley hears about a reward being offered by the local television station for information leading to the arrest and conviction of a local rapist.She supplies the requested information,and the suspect is then arrested and convicted.In this case:

Silence can never be an acceptance.

In order to form a contract,the parties must:

When a bid is made at an auction,it can be revoked if the auctioneer has not yet accepted the bid because the auctioneer has the power of acceptance.

In general,an acceptance is effective upon dispatch.

A contract cannot be formed unless it is clear the exact moment at which it was made.