Joan's Fax Case Study
1. Yes, Joan’s fax was an offer to sell Bob 100 acres for $1,000 per acre. “An offer is an expression of willingness to contract on certain terms, with the intention that it shall become a contract as soon as it is accepted by the person to whom it is addressed.” Joan’s fax to Bob was specifically stating in her letter that she was “offering” to “sell” her land to Bob for a specific price, at a specific location, and included an expiration date at which the offer would no longer be valid.
2. No, Joan was not obligated to offer the land exclusively to Bob for the time stated. Joan can revoke her offer to Bob, if it hasn’t been accepted. The general rule for revocation “An offeror may revoke an offer before it has been accepted, but the revocation …show more content…
Unequivocal acceptance is “an offer accepted exactly with no modifications.” Bob responded to Joan’s offer by email, on July 3rd before 5pm, listing his acceptance of the terms of her offer.
4. No Rochester could not have accepted Joan’s offer if his father died prior to acceptance. In death “either the offeror or the offeree will cause such termination: the right to accept an ordinary offer is not transferable. The unaccepted offer of a deceased person cannot be converted into a contract binding his estate.” Joan’s offer was specific for Bob and stated that she would not offer this same acreage to another buyer before the expiration of his offer. Therefore, Rochester would not be able to accept Joan’s offer in the event of his father’s death.
5. Yes, Joan’s revocation was effective. “An offer can be revoked at any time before acceptance takes place and must be communicated effectively directly or indirectly to the offeree before acceptance.” The original offer was made by fax and was effective communication. The revocation done in the same fashion should suffice as an effective means of communication. Though Bob did not receive it prior to accepting the offer, it was sent through an effective channel of correspondence and therefore Joan’s revocations was
2. No, Joan was not obligated to offer the land exclusively to Bob for the time stated. Joan can revoke her offer to Bob, if it hasn’t been accepted. The general rule for revocation “An offeror may revoke an offer before it has been accepted, but the revocation …show more content…
Unequivocal acceptance is “an offer accepted exactly with no modifications.” Bob responded to Joan’s offer by email, on July 3rd before 5pm, listing his acceptance of the terms of her offer.
4. No Rochester could not have accepted Joan’s offer if his father died prior to acceptance. In death “either the offeror or the offeree will cause such termination: the right to accept an ordinary offer is not transferable. The unaccepted offer of a deceased person cannot be converted into a contract binding his estate.” Joan’s offer was specific for Bob and stated that she would not offer this same acreage to another buyer before the expiration of his offer. Therefore, Rochester would not be able to accept Joan’s offer in the event of his father’s death.
5. Yes, Joan’s revocation was effective. “An offer can be revoked at any time before acceptance takes place and must be communicated effectively directly or indirectly to the offeree before acceptance.” The original offer was made by fax and was effective communication. The revocation done in the same fashion should suffice as an effective means of communication. Though Bob did not receive it prior to accepting the offer, it was sent through an effective channel of correspondence and therefore Joan’s revocations was