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Business Law Chapter 13

In: Business and Management

Submitted By perisha
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1. While newspaper ads generally are considered invitations to negotiate, this ad was specifically constructed to invite an offeree to take specific action, be among the first three customers in line in order to qualify to purchase the coat. One reason why newspaper ads are considered invitations to negotiate is that a merchant cannot possibly have sufficient goods to supply all person who might see the ad with the item in question. Since the number of coats available are specified at 3, overacceptance is not at issue. A unilateral contract was formed when Marsha was first in line and offered payment for the coat. This case problem was developed from the classic case of Lefkowitz v. Great Minneapolis Surplus Store, 86 N.W.2d 689 (Minn. 1957). 2. The parties clearly intended to contract and a contract can be evidenced by papers grouped together; it need not all be on one form. “ACCEPTANCE ON REVERSE SIDE” does not convey a mandatory condition, but rather only a convenient method for acceptance. The letter accomplishes the same purpose. [Overman v. Brown, 372 N.W.2d 102 (Neb.)] 3. No. A revocation is not effective until it is communicated to the offeree. In the case of a mailed revocation, this requires actual receipt by the offeree of the revoking letter. Unlike a letter of acceptance, the letter of revocations is not effective when mailed. 4. Judgment for Baker. When Nelson made changes to Baker’s offer, his action had the effect of rejecting the offer and proposing a counteroffer to Baker, even though Nelson purported to be accepting the original offer. Baker was not willing to buy under the terms stated by Nelson. This decision involves the social forces of freedom of personal action and enforcement of intent. It also involves the ethical value of fairness. You may wish to discuss Uniform Commercial Code § 2 207, under which it could be possible for a contract to arise between...

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