Question
Nicholas Franz owns an old katuffa, given to him by his favorite college teacher, Professor Rob.He wants to sell it.He has learned that one of
Nicholas Franz owns an old katuffa, given to him by his favorite college teacher, Professor Rob.He wants to sell it.He has learned that one of his Harvard Business Law colleagues, Katy Newman, is still mad at Prof. Rob, so he calls up Newman and offers her the katuffa, telling Newman that she, Newman, can use it to put a curse on Prof. Rob."Let me think about it," Newman says."Let me know as soon as you can, but there is no hurry," said Franz.
(a) Newman faxes her acceptance two days later.Unknown to her, her fax is broken and no transmission ever leaves Newman's fax machine.Newman claims there is a contract; Franz says there is no contract.What are the legal claims of Franz, what are the legal claims of Newman, who wins, and why (i.e., WHAT IS THE CORRECT LAW IN THIS SITUATION).DISCUSSFULLY
ANSWER THIS THE WAY I ASK IT!!!!
Insteadof the facts in (a) the following occurs:
(b) On December 1, Newman mails her rejection of Franz's offer.It is received on December 3.Meanwhile, after mailing her rejection, Newman changes her mind and on December 2, faxes her acceptance, which gets to, but gets stuck in Franz's fax machine.Franz learns of the broken fax on December 4 and retrieves all his faxes, including Newman's faxed acceptance.Newman claims there is a contract.Franz claims there is not.Who wins, and WHY?(I don't need both sides, just the result.)EXPLAIN FULLY!!!
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