Contract Law Offer and Acceptance Term Paper

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Contract Law- Offer and Acceptance

Judgment for Zinni. According to §2-206 of the UCC, unless otherwise stated, an offer to make a contract is to be construed as inviting acceptance in any manner. Although Royal's form contained a clause that the order was not binding until accepted by the dealer or his authorized representative, the clause did not limit the method of acceptance. Both Zinni and Royal filled out a written order form, which demonstrated a meeting of the minds. Furthermore, the fact that it was Royal's order form was enough to make it an enforceable writing against Royal under the Statute of Frauds as embodied in the UCC.

Reserve was incorrect in its defense to Duckett's claim. According to the mailbox rule, an acceptance (except in cases of option contracts) is valid at the time that it is placed in the mailbox. Therefore, Duckett's acceptance was considered valid on the date that she placed it into the mailbox.

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Because the acceptance occurred on the last day of her previous policy, there was no gap in coverage.

3.

Thompson and his wife would have recovered their down payment. The giving of the deposit was an offer by them to Sunnyland to keep the selected mobile home available at the selected price for a specified period of time. When Sunnyland accepted the deposit, it accepted the Thompsons' offer and the parties entered into an option contract. Therefore, when Sunnyland refused to make the mobile home available to the Thompsons at the specified price, the Thompsons were entitled to recover the amount of their deposit.

4.

This question is impossible to answer without knowing the nature of the other changes made to the contract by Meister's attorney and the terms of the parties' original contract. According to UCC § 2-207, a definite and seasonable expression of acceptance operates as an acceptance, even….....

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