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jakSun8
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Posted: 22 May 2008 at 22:35 | IP Logged  

Hi all,

I have this question

Mayer wrote Jackson on July 1, 2006 and offered to sell Jackson a building for $150,000. The offer stated it would expire on July 31,2006. If a legal dispute arises between the parties regarding whether there has been a valid acceptance of the offer, which of the following is correct?

1. The offer cannot be legally withdrawn for the stated period of time.

2. The offer will not expire prior to July 31, even if Mayer sells the property to a third person and notifies Jackson.

3. If Jackson phone Mayer on August 5 and unequivocally accepted the offer, it would create a contract, provided he had no notice of withdrawal of the offer.

4. If Jackson rejects the offer on July 10th, Jackson cannot validly accept within the remaining stated period of time.

 

Please help

Thanks,

jak

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garcian1
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Posted: 05 Jun 2008 at 19:49 | IP Logged  

I eliminated answers a, b & c, which leaves d as the answer, but I'm not sure that's a true statement. Here's what I got from my Bisk book:

"Under the law of contracts, an offer that states it will be held open for a period of time may, without consideration, be revoked any time before its acceptance. In contrast, under the UCC, a signed written offer by a merchant to buy or sell goods in which the merchant gives assurance that the offer will be held open is irrevocable, even without consideration, for a period not exceeding 3 months."

The UCC does not apply to this situation since a sale of realty is involved; the law of contracts applies instead.

Hopes this helps. And let me know if you find the right answer.



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paraseve
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Posted: 24 Jun 2008 at 13:34 | IP Logged  

the reason that d is correct is once a contract is rejected you can not accept an offer, it is only a counter offer after you reject. answer 3. would be correct if the date was before the stated date on the offer. 1&2 is wrong because u can revoke if you are not a merchant who makes a firm offer.
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brickshooter
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Posted: 05 Aug 2008 at 17:58 | IP Logged  

Here, the building is a realty. So the common law of contracts control.

The promise to keep the offer open is called an option contract.  To be valid, the offeree must pay extra for it.   Since it wasn't, the promise to keep it open until July 31, 2006 is void.  So only the offer to sell is valid. 

1. Obviously false.
2. False, b/c that's a revocation by law.
3. False, b/c the contract expressly revokes the contract on July 31.

4. The only answer left. This must be true.  And also b/c once an offer is rejected, it's dead.  You cannot accept an offer once you rejected it.




In conclusion, it's a little bit of a trick question.  The July 21, 2006 clause is ambiguous.  It can be interpreted as the expiration date.  And it can be interpreted as a promise to keep the offer open. 






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Angel Thomas
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Posted: 13 May 2010 at 03:00 | IP Logged  

Hi,

You can get guarantee complete solution here http://newlawyer.com/

All The Best. 


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