Practice and Review: Formation of Traditional and E-Contracts

Shane Durbin wanted to have a recording studio custom-built in his home.

He sent invitations to a number of local contractors to submit bids on the project.

Rory Amstel submitted the lowest bid, which was $20,000 less than any of the other bids Durbin received.

Durbin called Amstel to ascertain the type and quality of the materials that were included in the bid and to find out if he could substitute a superior brand of acoustic tiles for the same bid price.

Amstel said he would have to check into the price difference.

The parties also discussed a possible start date for construction.

Two weeks later, Durbin changed his mind and decided not to go forward with his plan to build a recording studio.

Amstel filed a suit against Durbin for breach of contract.

1. Did Amstel's bid meet the requirements of an offer? Explain.

2. Was there an acceptance of the offer? Why or why not?

3. How is an offer terminated? Assuming that Durbin did not inform Amstel that he was rejecting the offer, was the offer terminated at any time described here? Explain.