Question
Larry Law Professor, a professor of contract law at Perry Mason Law School, decides to start a school tutoring students for the California bar exam.
Larry Law Professor, a professor of contract law at Perry Mason Law School, decides to start a school tutoring students for the California bar exam. He prepares flyers at local law schools reading, "Larry's Law School - attend Larry's private tutoring classes and get a guaranteed passing grade on your first attempt on the California Bar Exam! All recent law school graduates are welcome on a first come, first served basis. Fees - $150 per hour of private tutoring. One hour tutoring slots available on Saturdays and Sundays, 10:00 a.m. - 6:00 p.m. Don't wait - contact Larry today to start this week!" The flyer provides Larry's contact information. Larry directly mails the flyer to 100 former students whom he knows are studying for the bar exam. Moe, one of Larry's former students, decides to schedule a tutoring session. He calls Larry and says, "I received your flyer. Count me in for the tutoring! I will see you this Saturday at 10:00 sharp." Larry explains to Moe that he has a wedding to attend that Saturday and is unable to tutor him on that date, but that they can start the following Saturday. Moe, who received an "A" in his first year contracts class, responds, "Sorry - I accepted your offer. You can't back out now!" and hangs up the phone before Larry can respond. Curly, one of Larry's former students from Perry Mason Law School, contacts Larry to schedule a tutoring session. Curly says, "I am strapped for cash, so I don't think I can afford $150 per hour. Can you give me lessons for $100 per hour, starting this Saturday?" Larry responds, "I can do the lessons for $100 per hour, but only if you commit to ten lessons." Curly responds, "Let me think about that. I will let you know by this Saturday." Larry responds, "I would need to know by Friday morning at the latest." On Friday afternoon, Curly calls Larry and says, "I looked at my finances, and I can commit to ten lessons at $100 each." Larry responds, "I'm sorry, but when I did not hear from you by this morning I gave your slot to someone else."
Assume the following: (1) these transactions are governed by common law; (2) there is consideration for both transactions; and (3) there are no valid defenses to formation.
Does Larry have an enforceable contract with either Moe or Curly?
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