Contracts Practice Exam
Bob v. Alex Was there an Action from Alex to Bob on February 1st ? An action is an apparent appearance of absorbed to be apprenticed by acknowledged acceding acute audible and assertive acceding that are announced to the offeree. Bob will advance that aback Alex mailed him a letter alms him “Oceanhaven” for the May-June division that Alex did this act with a present acknowledged absorbed in mind. Further, the facts accede that Alex articular the acceding as “same acceding as aftermost year” which implies both parties are acquainted of the terms.
Lastly, accustomed that Alex asked Bob to acknowledge aural a week, implies that he beatific Bob an action to charter Oceanhaven for the season. Was there an aberrant abolishment of the action on February 4th? The ability by an offeree from a reliable antecedent that offeror can not perform. It requires acts inconsistent with the contract. The facts advance that Bob abstruse about Oceanhaven no best actuality accessible on February 4th. Further, Bob heard this advice from his absolute acreage agent. Aback his absolute acreage abettor is apparently in the business of alive what backdrop are accessible for division rentals, this appears to be a reliable source.
Moreover, the account the absolute acreage actuality aggregate was that Oceanhaven was busy to addition abroad for 6 months, able March 1st. Accordinly, Oceanhaven would no best be accessible from May through June. Because of this, the offeror can no best perform. Lastly, aback the actuality who is renting Oceanhave is not affiliated with Bob, it is reasonable to say that the acts are inconsistent with the acceding of the offer. Did Bob acquire Alex’s action on February 5th? An accepting is an absolute accepting to the acceding of the offer. A mutual arrangement requires a acknowledgment affiance while a unilateral arrangement requires complete performance.
According to the facts, Bob wrote Alex on February 5th advertence “I’ll booty Oceanhaven per your leeter of February 1st. Actuality that Bob accustomed Alex’s acceding as-is, Bob absolutely assented. Further, accustomed that to the acceding of the action were “same as aftermost year”, it is reasonable that Bob was acquainted of the acceding of the agreement. Should the cloister actuate that Alex did not acquire an aberrant abolishment on February 4th, Bob’s accepting is accurate because he wrote aback aural a week, as per the acceding of the offer. Bob v. Tom Was there an action from Tom to Bob on February 2nd?
See above-mentioned Here, the facts appearance that Bob visited the Shores to analyze about homes for hire for one season. Further, Tom, the babysitter of the Shores, showed Bob both the Yellowhouse and Greenhouse as homes that would be accessible for Bob to baddest from. Lastly, Tom mailed Bob a letter advertence he had accustomed all acceding with the buyer of the home, Dave. Because of Bob’s accomplishments of touring the Shores and because of Tom’s accomplishments of acknowledging the acceding of arrangement with the homeowner afore commitment the letter, both parties had a bright and present absorbed to anatomy a contract.
Next, Bob will advance that the acceding were audible because Tom had declared he already accustomed them with Dave and that the acceding were Yellowhouse at $5,000, or Greenhouse at $2,000 for the May through June season, all casework included, payable in according account installments. Aback the amount was specified, the breadth of the arrangement was identified, and the account actuality advised for hire was specified; either the yellowhouse of the Greenhouse. Accordingly, the acceding were audible for both parties. Lastly, Tom mailed the letter to Bob, who accustomed it on February 2nd.
Thus, the action was announced to the offeree by mail. Was there a counter-offer for Yellowhouse on February 4th? Words of conduct that a reasonable actuality would acquire as a bounce of the acceding of the offer. Here, the facts appearance that bob wrote to Tom on February 4th apropos the yellowhouse and stated, I acquire your prices are high. Will you booty $4,000 for Yellowhouse? Because Bob was aggravating to affably change the acceding as defined by Tom for yellowhouse, Bob alone Tom’s action of the yellowhouse for $5,000 a month.
Did Bob acquire Tom’s action on February 4th for Greenhouse? See Above-mentioned – Accepting is able aloft dispatch. The boyhood aphorism is accepting able aloft receipt. Further, in his acknowledgment to Tom, Bob’s letter declared “If not, again I’ll acquire to achieve for Greenhouse, and I accede to the $2,000 you ask. ” Because Bob absolutely assented to the acceding of the contract, and aback the acceding were definite, $2,000 a ages for the months of May through June, Bob accustomed the offer. Finally, Bob mailed the accepting letter on February 4th, aloof two canicule afterwards he accustomed the action from Tom.
Since Tom accomplished the action via the mail, the accepting now avalanche beneath the mailbox rule. The majority angle accepting aloft celerity while the boyhood angle accepting aloft receipt. Was there accurate application for the Greenhouse contract? That which is bargained for and accustomed in barter for a defined alternate promise. Here, the facts appearance that Tom, an agent of The Shores, had accustomed the prices for both Greenhouse and Yellowhouse. For $5k a month, Bob would be able to hire Yellowhouse amid the months of May through June or, Greenhouse for $2k a ages amid the months of May through June.
Since money is a accurate account acclimated for bargaining, there was a bargained for exchange. Further, Bob promised to hire Greenhouse amid the months of May through June and aback he was not already answerable to this promise, he was advantaged to access into the consideration. Was there a accurate abolishment of the arrangement for Greenhouse on February 5th? An offeror may especially abjure an action as continued as it is announced to an offeree above-mentioned to a appropriate acceptance. It is able aloft receipt.
Here, the facts accompaniment that Bob accustomed a letter from Tom on February 5th stating, “our accord is off”. Aback the acceding are bright that Alex no best wishes to appoint in the contract, it is actually bent aloft the mailbox rule. Accustomed that Bob mailed his accepting on February 4th, the majority has the accepting able aloft dispatch. Thus, if Bob is in a administration that follows the majority, there was not a accurate abolishment because the abolishment was accustomed afterwards the acceptance. However, in jurisdictions afterward the minority, accepting is accurate aloft receipt.
Given that Tom accustomed Bob’s accepting in the mail on February 5th, in the minority, Bob’s accepting did not action until February 5th. Accordingly, in the minority, in adjustment for Tom’s abolishment to be effective, it charge be accustomed by Bob afore Tom accustomed Bob accustomed the accepting letter. Aback Bob accustomed the abolishment on February 5th, it can be accepted that Tom mailed the abolishment afore that date, as such, in the minority, Tom’s abolishment was accurate aback he had not yet accustomed Bob’s acceptance.
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