Finnin Brief - on the August 19 about the corrections in...

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Finnin v. Bob Lindsay, Inc. Issue Did Finnin accept the offer made by Bob Lindsay? Rule Offer - 1)Present intent to contract 2) definiteness of terms and 3)communicated to offeree Offeree - the one receiving Offeror - making the offer. Contract - an exchange of promises. Acceptance - 1)present intent to accept 2) same terms (mirror image rule) and 3) communicated to offeror. UCC 2-207 - Uniform commercial code applied only to merchants, where small changes are considered amendments and not rejections of offer. Application Finnin argues that they had present intent to accept the offer, because the process started on March 2002 and when the terms were ironed out it was mailed to Lindsay's lawyer on August 13 or 14 one day after the terms were finalized. The terms were exactly as agreed, except a subsection had a typo that read $700,000 instead of the $1.1 million for the stock as written in the other portion of the contract. Finn communicated the offer to Lindsay's lawyer and discussed
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Unformatted text preview: on the August 19 about the corrections in the typo. Lindsay argues that Finnin did not have a present intent to contract that was the reason the process took from March 2002 to August 14 to sign, and during this time Finnin still could not furnish Lindsay a proper contract to sign. Lindsay argues that even if Finnin did have intent, they made modifications on the contract from which is material from a purchase price of $700,000 to $1.1 million. They did not agree to the same terms because Finnin modified the contract. Lindsay agrees that they communicated the new offer on August 19, 2002 via my lawyer. Conclusion No Finnin did not accept the offer, because Lindsay signed the contract on August 14 with a particular agreement and Finnin provided a new offer on August 19 which Lindsay did not accept....
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