Okosa Brief - the correct amount and by the specified date....

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Okosa v. Hall Issue Under the Mailbox rule did Okosa accept the offer from Hall? Rule Offeree - the one receiving Offeror - making the offer. Contract - an exchange of promises. Mailbox rule - where properly addressed and dispatched acceptance can become effective when sent. Acceptance - 1)present intent to accept 2) same terms (mirror image rule) and 3) communicated to offeror. Offer - 1)Present intent to contract 2) definiteness of terms and 3)communicated to offeree Application Okosa argues that they had present into to accept the offer from Hall, because Hall wrote the offer on February 28, 1994 and posted the letter to Okosas on March 1, 1994 with the clear indication that if payment of $347.50 was made prior to March 16, 1994 12:01am the policy would not be interrupted. On March 15, met the requirements by sending via certified mail a check for the required payment. Okosa followed the terms set by Hall, by sending the payment in
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Unformatted text preview: the correct amount and by the specified date. Hall had received the payment, as it was certified mail and the insurance company deposited the check on March 22. Okosa argues that the letter was sent with payment, through the agreed communication method (mail) based on the prior dealings, and sent on the March 15 by certified mail to meet the deadline of March 16. Hall argues the intention of Okosa to accept the contract, because they failed to make the original payment by February 28 and when hall offered to extend the payment day, Okosa waited last minute (March 15) to forward the payments. Hall agrees that they received the promissory of payment via a check, but only got paid on March 22. Hall agrees that the offer was communicated. Conclusion Yes Okosa did send an acceptance letter based on the mailbox rule, and the fact that Okosa followed all the conditions of the offer set by Hall....
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This note was uploaded on 03/28/2012 for the course BLAW 280 taught by Professor Ng during the Spring '11 term at CSU Northridge.

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