Contracts

Question 1

Non-conforming goods are shipped

Answer 1

Acts as both an acceptance and a breach, unless seller seasonably notifies buyer that goods are an accommodation (counteroffer); buyer may accept or reject the nonconforming goods

Question 2

Rejection following acceptance

Answer 2

acceptance will control even if offeror receives
rejection first (but if offeror detrimentally relies on rejection then offeree estopped
from enforcing K)

Question 3

Acceptance following rejection

Answer 3

first one received
(i.e., in possession of offeror or her agent, or deposited in mailbox) will prevail; offeror
need not actually read the received communication

Question 4

Options and other irrevocable offers

Answer 4

mailbox rule does not apply; acceptance

must be received by offeror by a certain date or before offer expires