Question
On May 1, 2018, Dale makes a written offer to sell his antique Duesenberg automobile to Maria, for $50,000.Maria is very interested in this car,
On May 1, 2018, Dale makes a written offer to sell his antique Duesenberg automobile to Maria, for $50,000.Maria is very interested in this car, but she has to make sure that she will have enough money available to pay for it.She writes back and asks Dale to hold his offer open for her until May 30, 2017, so she can sell some other assets to raise enough cash.Dale writes Maria, and agrees to hold his offer open for Maria until May 30, if Maria will pay him $1,000, which will be his to keep even if Maria decides not to buy the car.Maria agrees, and sends Dale $1,000.On May 20, Shane happens to see Dale's car at an antique car event.Shane offers Dale $75,000 for the car, to be paid on June 3, 2018, and Dale accepts her offer - they sign a short agreement.
On May 25, Maria comes by Dale's house with her $50,000, and says to Dale:"I accept the offer you have been holding open for me, and here is my $50,000 to pay you for the car."
You are Dale's attorney, and Dale comes to you for legal advice.Dale is not a merchant of automobiles.Does Dale have a contract with Maria?Does Dale have a contract with Shane?
a.Dale and Shane have a binding contract for $75,000.
b.Dale and Maria have a binding contract for $50,000, effective as of May 25, because of the "firm offer rule" of the Uniform Commercial Code.
c.Dale and Maria have a binding contract for $50,000, effective as of May 25, because of the common-law of contracts.
d.Dale has no contracts with anyone.
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