Termination of the Power of Acceptance Flashcards
On March 1, Dennis Storme telephones Mariah Wilson and leaves her this voicemail message:
March 1, Dennis (voicemail message): Hello, I’m Dennis Storme. You come highly recommended as a math tutor, and I’d like you to tutor my daughter Susan in trigonometry. Would you get back to me so that we can discuss the possibilities?
March 2, Mariah (voicemail message): Hello, Mr. Storme, this is Mariah Wilson. I would be happy to tutor Susan. I have only one opening at present—Saturday mornings from 10:30 A.M. to noon. My fee is $90 for the 90 minutes. I am prepared to commit to the next ten Saturdays. After that, we can consider whether Susan needs any additional tutoring.
March 3, Dennis (fax): Thank you for your return call. I cannot work with the hours you mention. Would you be able to tutor on Saturday evenings?
March 4, Mariah (voicemail message): No, Mr. Storme, I’m sorry that I cannot tutor Susan on Saturday evenings. Exactly as stated in my last message, I am available for the next ten Saturdays from 10:30 A.M. to noon and would be pleased to tutor Susan on those days at those hours.
March 5, Dennis (fax): Very well—we’re agreed. Saturday mornings from 10:30 A.M. to noon; I’ll find some way to see that we can do it.
Legally, is Mariah free not to tutor Susan?
A. Yes, because Dennis’s March 5 message was too indefinite to create a contract
B. Yes, because on March 3, Dennis lost his power to accept Mariah’s March 2 offer
C. No, because on March 3, Dennis plainly continued in his willingness to purchase Mariah’s services
D. No, because on March 5, Dennis effectively assented to the terms that Mariah had set forth on March 4
D. No, because on March 5, Dennis effectively assented to the terms that Mariah had set forth on March 4
Vlad telephones Esther and tells her, “I stand ready to clean your carpet for $125 on any Friday morning you choose.” Esther repeats, “Any Friday morning?” Vlad answers, “Yes, my Fridays are clear.” Esther responds, “I’ll get back to you.” “Very well,” says Vlad, “I look forward to hearing from you.” For two years neither party communicates with the other. Esther then telephones Vlad: “I accept your offer. Please come this Friday morning.” Have these parties formed a contract?
A. Yes, because Vlad made an offer and Esther accepted
B. Yes, because Vlad expressly stated that “any Friday morning” would be appropriate
C. No, because Esther failed to accept while Vlad’s offer was operative
D. No, because Esther rejected the offer by saying “I’ll get back to you”
C. No, because Esther failed to accept while Vlad’s offer was operative
On July 1, Wharton and Xavier create a contract under which Xavier will pay Wharton $9,000 and Wharton will repair Xavier’s large yacht, the Largesse. Wharton is to begin work on August 1 and on that day Xavier is to pay him $4,500. Wharton is to finish work on August 31, and Xavier is then to pay the remaining $4,500. Also on July 1, just after they have formed their contract, the parties converse:
Xavier: I have another, smaller yacht. It needs that very same repair. For an additional $5,000 will you repair the smaller yacht just after you finish repairing this one?
Wharton: I’ll think it over and let you know within two weeks.
Xavier: That’s fine. Contact me by phone, fax, or email.
One week later, on July 8, Xavier dies. As a result, Wharton loses
I. his rights regarding the larger yacht.
II. his rights regarding the smaller yacht.
A. I only
B. II only
C. Both I and II
D. Neither I nor II
B. II only
