Chapter 9 - days, ABC could not bill him because there was...

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Question #3 (a)Perez and ABC would have a contract if Perez sends in a requesting card and receives the book in the U.S. mail. Advertisements are not treated as offers to contract but rather as invitations to negotiate. If Perez sends a requesting card, this action would be considered as an invitation to negotiate. Here, Perez is considered as an offeror, and thus considered as a contractor. Hence, ABC accepts the offer and sends the book. ABC is liable to bill Perez if he would fail to return this book within thirty days. Therefore, ABC is a contractor as well. So, we have a contract here. Situation (b) should not be considered as a contract because Perez did not request the book. ABC sends him a book without a request, and thus, the book sent should be considered as an advertisement. Moreover, if Perez fails to return the book within thirty
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Unformatted text preview: days, ABC could not bill him because there was no contract formed anyhow. Question #4 On Thursday Dennis mailed a letter to Tanya’s office offering to sell his car. An offer is effective when it is received. When Dennis changed his mind and sent a fax to the Tanya’s office on Saturday Tanya did not go to the office yet and did not learn about the revocation. A revocation of an offer is effective when it is received. On Monday morning Tanya mailed a letter of acceptance to Dennis. An acceptance of an offer is effective when it is sent. Hence, Dennis is not correct when he claims that a contract does not exist. An offeror who wants to revoke an offer should do it in person or by phone, but not by mail. Dennis supposed to make sure that Tanya has physically received the revocation in order to deem the revocation effective....
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This note was uploaded on 03/11/2011 for the course ACC 101 taught by Professor Corolinsky during the Spring '11 term at SUNY Albany.

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