CONTRACT MODEL ANSWERS
Q. 1, pg. 3
– case involving cameras for sale to 6 people, classical KX
governed by the UCC – mandatory authority, common law = persuasive
cameras are defined as goods by the UCC
A) Has Carol made an offer?
UCC doesn’t define offers, So therefore, use 1-103 “back door” to go to common law
Offers are promissory and definite
Promissory – “I am offering you”,
but ? is the “buy or call for info”
Definite - ? is advertisement or ordinary offer
If adv. – then why is it focused on people so well known?
If ordinary offer – you can raise too many accept problems
however, this is an offer due to it is not an advertisement, there is an implied “first
come first serve” when she says offering to other people,
and it is definite in
B) Is there a KX b/w Carol and Susan? If so, what are the terms?
Classical KX formation has an offer, acceptance, MA, and C
10/4 response -- Jane says, “I reject.
.” – this kills offer to her, not all five others
10/5 response – Susan says, “I decided not to by the Polaroid camera.
is this a rejection of both cameras? Or one? – SCOPE of REJECTION?
Is the rejection effective when received by answer machine or when heard on the
machine by Carol?
If rejection not effective till hear it, Carol revokes, then Susan accepts – is
this a problem?
Under 2-205 – if merchant, “hold until ____”, Carol can’t revoke
until the day of 10/8 – Carol is a merchant, therefore can’t revoke.
When Susan accepts for both, kx for both
if rejection effective when on the answer machine, and then Susan
accepts offer, is it for the Polaroid or Icon?
For the Icon, b/c now Susan accept for the other is a counter offer,
Carol rejects that, but has to accept the icon
KX for the Icon
C) Is there a KX b/w Carl and Jim?
2-205 – if merchant, have to hold open until 10/8
if could revoke, then actual knowledge to offeree
Can’t revoke, that is right,
But, it is implied a “first come, first serve” so offer dies automatically when sold
Jim loses, no KX