LEGL 2700 Test 3 Questions and
Answers|Latest Update
Requirements to be a valid acceptance 1) mirror image rule
2) mailbox rule (AKA deposited acceptance rule)
Mirror image rule whatever I have offered you, you have to accept entirely without any
modifications or changes (in order to accept an offer you have to accept it in its entirety. You can
not change anything or any aspect of the offer)
- ex: I will take your $5,000... AS LONG AS you pay me in cash (this is a change to the offer-
counteroffer). You now have to agree or disagree to the counteroffer
- *merchants*: people who deal in the business of goods
- *Course of dealing*: the way someone has done business in the past
• In this case silence might imply acceptance depending on if and how two parties have
interacted with each other in the past
• Ex: the buyer always takes shipments from the seller unless the buyer notified the shipper in
advance not to ship
mailbox rule - this is how we determine when an acceptance comes before a termination
,*- acceptance is determined from the perspective of the person accepting the offer*
- Ex: you send me an offer through the mail on Monday. I sign it on Tuesday and send it back to
you. On Wednesday (before you get the signed offer back), you change your mind and you try to
revoke the contract.
• Since the rule is- acceptances are measured from the perspective of the person receiving the
offer- the person who signed and mailed it back on Tuesday has the right to keep the offer.
- Ex: On Monday you send a contract to me. On Tuesday I sign the contract. On Wednesday you
call to revoke the offer. On Thursday you receive the signed contract in the mail
- OR on Monday you send me a contract. On Tuesday you send revocation of the offer via mail.
On Wednesday I sign the contract and return it in the mail. On Thursday I receive revocation.
• Either way, we still have a valid acceptance. *it doesn't matter if the person sending the contract
changed their mind first b/c the rule is measured from the perspective of the person receiving the
offer*
Do we have a valid offer and acceptance?
Susan offers to buy Bonnie's car for $5,000. Bonnie responds by saying that she'll sell the car for
$6,000. Susan agrees Yes. when Susan agrees we have a binding contract
Do we have a valid offer and acceptance?
,Tim offers to sell his sofa to John for $300, on the condition that John accepts by Saturday.
Sunday morning John calls and tells Tim he'll accept the offer No, there is a provision of
the offer (there is a deadline). BUT if Tim says he will still buy the couch, then the seller has to
decide to agree or disagree
Do we have a valid offer and acceptance?
Penny offers to sell Jennifer a computer for $500. Jennifer responds without saying a word by
handing Penny a check for the full asking price Yes
Do we have a valid offer and acceptance?
Debra offers to pay Leon $2,000 if he agrees to build her a fence. Leon accepts so long as Debra
pays for his supplies No, because Leon made a counteroffer and Debra has to go back and
accept this new offer
Accord and Satisfaction mutual agreement to settle debt at less than full amount owed
• we want to make sure people are not bound to do something if they are not getting anything in
return
bargained for exchange the reason I am giving you money is b/c you are giving me
something in return
, Types of exchanges that would be ruled out under consideration: (when courts allow you to
modify a contract without consideration going to one side) 1) *gifts*
- this is not going to be legally enforceable b/c the person giving the gift is not getting anything
in return
2) *past consideration*
- based on something you did last week, I promised to pay you money... this is not legally
enforceable. Both sides have to be getting something new
• modifications of current contracts- ex: I have hired you to paint my house and you end up
taking longer than I want, so I ask you to pay me more. This is not legally enforceable because
both sides are not agreeing to something new... he already agreed to paint the house, that is not
anything new (one thing you could do to make this enforceable would be offering to paint
something in addition to the house, or offering to finish up the job earlier than planned)
when is the one time that someone can make a promise without getting anything in exchange,
and the court will enforce it? promissory estoppel
promissory estoppel when a party changes its position substantially in reliance upon
another's promise (this is a promised gift, the court will force you to give the gift if you promised
to)
Answers|Latest Update
Requirements to be a valid acceptance 1) mirror image rule
2) mailbox rule (AKA deposited acceptance rule)
Mirror image rule whatever I have offered you, you have to accept entirely without any
modifications or changes (in order to accept an offer you have to accept it in its entirety. You can
not change anything or any aspect of the offer)
- ex: I will take your $5,000... AS LONG AS you pay me in cash (this is a change to the offer-
counteroffer). You now have to agree or disagree to the counteroffer
- *merchants*: people who deal in the business of goods
- *Course of dealing*: the way someone has done business in the past
• In this case silence might imply acceptance depending on if and how two parties have
interacted with each other in the past
• Ex: the buyer always takes shipments from the seller unless the buyer notified the shipper in
advance not to ship
mailbox rule - this is how we determine when an acceptance comes before a termination
,*- acceptance is determined from the perspective of the person accepting the offer*
- Ex: you send me an offer through the mail on Monday. I sign it on Tuesday and send it back to
you. On Wednesday (before you get the signed offer back), you change your mind and you try to
revoke the contract.
• Since the rule is- acceptances are measured from the perspective of the person receiving the
offer- the person who signed and mailed it back on Tuesday has the right to keep the offer.
- Ex: On Monday you send a contract to me. On Tuesday I sign the contract. On Wednesday you
call to revoke the offer. On Thursday you receive the signed contract in the mail
- OR on Monday you send me a contract. On Tuesday you send revocation of the offer via mail.
On Wednesday I sign the contract and return it in the mail. On Thursday I receive revocation.
• Either way, we still have a valid acceptance. *it doesn't matter if the person sending the contract
changed their mind first b/c the rule is measured from the perspective of the person receiving the
offer*
Do we have a valid offer and acceptance?
Susan offers to buy Bonnie's car for $5,000. Bonnie responds by saying that she'll sell the car for
$6,000. Susan agrees Yes. when Susan agrees we have a binding contract
Do we have a valid offer and acceptance?
,Tim offers to sell his sofa to John for $300, on the condition that John accepts by Saturday.
Sunday morning John calls and tells Tim he'll accept the offer No, there is a provision of
the offer (there is a deadline). BUT if Tim says he will still buy the couch, then the seller has to
decide to agree or disagree
Do we have a valid offer and acceptance?
Penny offers to sell Jennifer a computer for $500. Jennifer responds without saying a word by
handing Penny a check for the full asking price Yes
Do we have a valid offer and acceptance?
Debra offers to pay Leon $2,000 if he agrees to build her a fence. Leon accepts so long as Debra
pays for his supplies No, because Leon made a counteroffer and Debra has to go back and
accept this new offer
Accord and Satisfaction mutual agreement to settle debt at less than full amount owed
• we want to make sure people are not bound to do something if they are not getting anything in
return
bargained for exchange the reason I am giving you money is b/c you are giving me
something in return
, Types of exchanges that would be ruled out under consideration: (when courts allow you to
modify a contract without consideration going to one side) 1) *gifts*
- this is not going to be legally enforceable b/c the person giving the gift is not getting anything
in return
2) *past consideration*
- based on something you did last week, I promised to pay you money... this is not legally
enforceable. Both sides have to be getting something new
• modifications of current contracts- ex: I have hired you to paint my house and you end up
taking longer than I want, so I ask you to pay me more. This is not legally enforceable because
both sides are not agreeing to something new... he already agreed to paint the house, that is not
anything new (one thing you could do to make this enforceable would be offering to paint
something in addition to the house, or offering to finish up the job earlier than planned)
when is the one time that someone can make a promise without getting anything in exchange,
and the court will enforce it? promissory estoppel
promissory estoppel when a party changes its position substantially in reliance upon
another's promise (this is a promised gift, the court will force you to give the gift if you promised
to)
