John decided to sell his home, a small apartment. On May 1, he made an advertisement in a newspaper: “Offer for Sale: 2
Posted: Thu Apr 28, 2022 2:35 pm
John decided to sell his home, a small apartment. On May
1, he made an advertisement in a newspaper: “Offer for Sale: 2
Bedroom Apartment at 123 Snowman Lane, for $1 million. Please send
a letter at that address if you would like further details, or to
accept the offer.”
On May 15, John received a letter from Dave that read “I
would like to purchase your apartment for $1.1 million.
However, we must close the deal before July 2.”
On May 5th, John mailed Dave a letter that said “I agree
to sell my apartment to you under the terms you mentioned,
however I will be out of the office on July 2, so we
will
need to close on a different day. Please write back as
soon as you receive this.” Dave never receives this letter as a
storm the next day ruined all mail that was sent out.
On May 19th, John’s friend Susan emailed John the
following: “I would like to buy your apartment, and I will pay
$20,000 more than any offer you have gotten so far.
Please
tell all other offers that the apartment is now
sold.”
On May 25th, John wrote to Dave and explained that he
had sent a letter accepting his offer, but he has since had
another buyer. He wrote a similar letter to all other
offers.
On May 27th, Susan had a terrible accident and passed
away and the executor of her estate does not go through with
the apartment purchase.
a. Is John’s advertisement in the newspaper an
offer?
b. Assuming that Dave’s letter is an offer, is John’s
letter on May 5th an acceptance or a counter offer?
c. Assuming that John’s May 5th letter is an acceptance,
do John and Dave have a contract? Why or why not.
d. Assuming Susan’s email is an offer, do John and Susan
have a contract? Why or why not?
1, he made an advertisement in a newspaper: “Offer for Sale: 2
Bedroom Apartment at 123 Snowman Lane, for $1 million. Please send
a letter at that address if you would like further details, or to
accept the offer.”
On May 15, John received a letter from Dave that read “I
would like to purchase your apartment for $1.1 million.
However, we must close the deal before July 2.”
On May 5th, John mailed Dave a letter that said “I agree
to sell my apartment to you under the terms you mentioned,
however I will be out of the office on July 2, so we
will
need to close on a different day. Please write back as
soon as you receive this.” Dave never receives this letter as a
storm the next day ruined all mail that was sent out.
On May 19th, John’s friend Susan emailed John the
following: “I would like to buy your apartment, and I will pay
$20,000 more than any offer you have gotten so far.
Please
tell all other offers that the apartment is now
sold.”
On May 25th, John wrote to Dave and explained that he
had sent a letter accepting his offer, but he has since had
another buyer. He wrote a similar letter to all other
offers.
On May 27th, Susan had a terrible accident and passed
away and the executor of her estate does not go through with
the apartment purchase.
a. Is John’s advertisement in the newspaper an
offer?
b. Assuming that Dave’s letter is an offer, is John’s
letter on May 5th an acceptance or a counter offer?
c. Assuming that John’s May 5th letter is an acceptance,
do John and Dave have a contract? Why or why not.
d. Assuming Susan’s email is an offer, do John and Susan
have a contract? Why or why not?