Offer Flashcards
On April 1, Fay sends to Mort this signed fax message: “Mort — April is upon us. I need your services — this Wednesday, please, at 11 A.M. I’ll be ready with cash. Okay?” What additional circumstance, if proven, would most clearly mean that Fay’s message constitutes an offer?
A. Mort is a skilled landscaper, mechanic, and carpenter, and at various times in the past Fay has hired him to perform services related to those skills.
B. Every April for the previous twelve years Mort has trimmed the trees in Fay’s front yard, for which Fay has each time paid him $125.
C. Fay does not know Mort, but has heard that he is a skilled landscaper.
D. By signed writing, Mort responds to Fay: “Yes, I’ll be there.”
E. By signed writing, Mort responds to Fay: “I’ll be glad to help you, but my fee is now $35 per hour.”
B. Every April for the previous twelve years Mort has trimmed the trees in Fay’s front yard, for which Fay has each time paid him $125.
Over the fourteen years, 2005 to 2018, Andrea has visited Frank’s diner for breakfast about four times weekly between 6:30 A.M. and 11:45 A.M., each time ordering two soft-boiled eggs with toast, and each time paying the menu price for those items. Also over these fourteen years, Andrea has come to Frank’s diner about three times weekly for lunch between 12:15 P.M. and 3:30 P.M., each time ordering two hard-boiled eggs with toast and paying the menu price. At noon sharp on January 3, 2019 Andrea steps into Frank’s diner and sits at a table. Which of the following additional facts would best justify the legal conclusion that on that day, Andrea has made an offer to Frank in which she proposes to buy soft-boiled eggs for the menu price?
A. Unbeknownst to Frank, Andrea had breakfast today at 7:30 A.M. in another diner, which she also has frequented regularly for fourteen years.
B. Unbeknownst to Frank or Andrea, Andrea’s wristwatch is running one hour slow, and Andrea believes the time to be 11:00 A.M.
C. Frank does not serve breakfast after 11:50 A.M. and begins serving lunch at noon.
D. A moment after taking her seat, Andrea says, “Eggs and toast, please.”
E. A moment after taking her seat, Andrea says, “Another morning — the usual please.”
E. A moment after taking her seat, Andrea says, “Another morning — the usual please.”
Vortech Inc. supplied industrial chemicals to a large number of customers, including Hartco Inc. After years of doing business with Hartco, Vortech sent Hartco this document:
DEFINITIVE OFFER TO SELL
We have available a variety of alcohol- and ammonia-based cleaning products, many of which you’ve purchased in the past. We wish to sell some or all of the products in good quantities at favorable prices. Let us know, please, if you wish to purchase any now. Please describe specifically the product(s) you want to purchase and the exact quantities you wish to acquire. This is a definite offer, and we look forward to your acceptance.
Did Vortech make Hartco an offer?
A. Yes, because Vortech described its message as a “definite offer”
B. Yes, because Vortech did not restrict Hartco to purchasing any particular product and left it free to choose among many
C. No, because a seller cannot bind a prospective buyer without that buyer’s assent
D. No, because Vortech did not refer to cleaning chemicals by name
E. No, because Vortech was nebulous as to the transaction it suggested
E. No, because Vortech was nebulous as to the transaction it suggested
