Question
56. Please read the following carefully. There are five (5) questions based on the Fact Pattern. See Questions 56.1; 56.2; 56.3; 56.4; and 56.5. Please
56. Please read the following carefully. There are five (5) questions based on the Fact Pattern. See Questions 56.1; 56.2; 56.3; 56.4; and 56.5. Please answer all five (5) questions.
FACTS:
Joe's driveway is in desperate need of repair, so he contacts several local paving companies to obtain some estimates for the job. Perfect Paving sends Joe a detailed proposal stating that the company will pave his driveway for $5000. Joe receives the bid from Perfect Paving on November 5.
That same week, Perfect Paving is hired by a large supermarket chain for a big paving job and the work needs to start immediately. On November 7, Perfect Paving sends Joe another letter stating that the original proposal to pave Joe's driveway is revoked.
Joe is unaware that Perfect Paving has revoked their offer, so he mails a signed copy of the proposal back to Perfect Paving on November 8 accepting their bid. Joe's letter is properly addressed and stamped. When Perfect Paving receives Joe's acceptance letter on November 10, the company calls Joe right away to say that the bid has already been revoked, telling Joe that he should probably receive the revocation in the next day's mail.
QUESTIONS:
56.1. Is Perfect Paving's bid a valid offer? Explain
56.2. Was there a valid acceptance of the bid from Perfect Paving? Why or why not?
56.3. Is there an enforceable agreement between Perfect Paving and Joe?
56.4. What if the facts were different. Suppose that Joe received the revocation from Perfect Paving before he mailed his acceptance. Would there be an enforceable agreement?
56.5. What could Perfect Paving have done differently to avoid similar problems in the future?
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