Tom is celebrating a milestone birthday. He calls Mark and asks him what it would cost to cater a birthday party for 200 guests. Mark promises to get back to Tom with a proposal. The next day, Mark writes an email to Tom that states that Mark will cater the birthday party by providing pulled pork, beans, potato salad and cold slaw for $7 per person. Tom calls Mark and says that he accepts Marks proposal but would like two meat options: pulled pork and brisket. Do Tom and Mark have a contract? Assume that the Uniform Commercial Code does not apply.

a. Yes, Tom has accepted Marks proposal, the agreement is supported by consideration and there are no issues on these facts about capacity or legal purpose. b. No, Toms response to Mark is actually a counteroffer, which terminated Marks offer.

c. Yes, provided that the cost of providing two meat options does not change the price per person.

d. No, because Tom made a verbal response to Marks written offer. e. b. and d., but not a. and c.