Contract Law - Case Analysis Offer, Acceptance Term Paper

Pages: 4 (1101 words)  ·  Style: MLA  ·  Bibliography Sources: 0  ·  File: .docx  ·  Topic: Black Studies - Philosophy

Contract Law - Case Analysis

OFFER, ACCEPTANCE, and REPUDIATION: CASE ANALYSIS the Court will likely find that the parties had already formed an enforceable bilateral contract for the sale of the property and that Bradwell (hereinafter, "Buyer") performed under contract by tendering payment on the date specified by Seller and the Court will compel the performance by Stone (hereinafter, "Seller"). The seller will argue that the buyer's sending a cashier's check on March 10th violated Condition #3 of his letter specifying that the requirement to issue the $5,000 deposit by wire was not capable of being accepted through payment of a deposit by any other means. Seller will contend that Buyer's failure to issue the deposit payment in the only manner explicitly specified as acceptable in the Anderson letter to Larson constituted a counteroffer rather than an acceptance, because the purported acceptance changed an element of the offer.

Since, according to Seller, the deposit sent via cashier's check was a counteroffer, it revoked the original offer when it was made. The seller never accepted the counteroffer and is under no obligation to proceed with the sale. Furthermore, the seller will argue that the specific language of the offer very explicitly stated that the contract would be "null and void" if the buyer considered any of the conditions numbered 1 through 3 "unacceptable" and that tendering the deposit by other means constituted prima facie evidence that the buyer considered Condition #3 "unacceptable."Buy full Download Microsoft Word File paper
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Term Paper on Contract Law - Case Analysis Offer, Acceptance, Assignment

This is, essentially, the same argument that the Pennsylvania court rejected in Hatalowich, pursuant to which Seller in the instant case suggests that acceptance via wire transfer was the exclusive mode of creating the contract, not acceptance via cashier's check. As in Hatalowich, this Court will find that the cashier's check constituted a bona fide acceptance of the tendered offer, because the alternate form of payment was not a material variance of the terms of agreement recited in the Anderson letter. In Hatalowich, the Court decided that the form of acceptance was functionally equivalent to that of the terms and conditions in the offer. For the same reason, the Court will reject Seller's argument challenging Buyer's acceptance by virtue of any variance in payment method for the deposit.

In that regard, the instant case adds one element that could have led to a contrary result: namely, if Seller had rejected Buyer's timely tender of a different form of payment for the deposit than the wire transfer specified. In that case, the Court would probably have allowed the same argument, provided that the seller had simply notified the buyer that he rejected buyer's counteroffer (to pay the deposit by cashier's check instead of by wire transfer) within a reasonable time in conjunction with arranging for its prompt return instead of cashing it. Notwithstanding the functional equivalence of two modes of payment, parties may still require one or the other as an explicit term of an offer and reject any acceptance that varies from it. However, once Seller (or his representative or agent) actually deposited the alternate form of payment instead of rejecting it by virtue of the variance from the terms of the offer, that act constitutes an acceptance of the offer.

Alternatively, the Court might even agree that the cashier's check constituted a counteroffer, but that characterization will not… [END OF PREVIEW] . . . READ MORE

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"Contract Law - Case Analysis Offer, Acceptance."  Essaytown.com.  February 15, 2008.  Accessed May 26, 2020.
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