Pernal PC6 Brief

Pernal PC6 Brief - were changed by the church when they...

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Pernal v. St. Nicholas Greek Orthodox Church Issue Did St. Nicholas Greek Orthodox Church accept the offer from Pernal? 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 Pernal agrees that the church responded to the June 3 letter immediately on June 4 and it seemed the church was intent on making a purchase but the fact that the church forwarded new terms meant they were still bargaining and not ready to make a purchase. Pernal argues that my terms
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Unformatted text preview: were changed by the church when they sent me a purchase agreement with additional terms, this indicates a rejection and a counter offer by the church. Even though Pernal did receive the purchase agreement, he did not sign it and did not agree to the churches new offer. The Church argues they had present intent to accept, because they relied on June 4 to accept the offer made by Pernal on June 3. We agree that the Church amended a few terms, but they were not a material change and should still be accepted. The Church communicated the offer to Pernal by letter on June 4. Conclusion The Church did not accept the offer made by Pernal, because they did not agree to the terms and made a new offer to Pernal which he rejected by not signing the purchase agreement from Pernal....
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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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