Question
Mr. Lewis in Michigan offers in writing to sell his farm to Mr. Jones for $100,000.00.He communicates that offer by mailing it to Mr. Jones'
Mr. Lewis in Michigan offers in writing to sell his farm to Mr. Jones for $100,000.00.He communicates that offer by mailing it to Mr. Jones' home address in Texas.Mr. Jones reviews the offer, signs it, and encloses the signed contract in an envelope and drops it in the mailbox outside the post office.The next day before Mr. Lewis has any knowledge that Mr. Jones has signed the contract, he calls Mr. Jones and tells him the offer is withdrawn.Thereafter Mr. Lewis refuses to discuss the matter further.
(1)If Mr. Jones were to sue Mr. Lewis for breach of contract, how would the court ruleon whether a contract had been formed and on what legal reasoning would that holding be based?
(2)If you believe additional facts must exist before a contract could be formed, set out the additional fact or facts and explain in detail what makes that fact or factsnecessary to determine whether a contract was formed.
(3)Next, assume that instead of depositing the envelope in a mailbox under the control of the United States Postal Service, Mr. Jones deposited it in a mail box controlled by UPS or FedEx.Would that make a difference in your determination that a contract had been formed or had not been formed before Mr. Lewis called Mr. Jones to tell him the offer waswithdrawn.And, again, if you believe additional fact or facts must be determined before a court can determine if a contract has been formed, has not been formed, set out that fact or facts and explain in detail what makes that fact or facts necessary to determine whether a contract has been formed.
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started