Wilson PC1 Brief - Wilsons statement and revised terms...

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Wilson v. Citibank Issue Did Wilson accept the new terms set by Citibank? Rule 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. Silence as Acceptance - if no complaints are made within reasonable time, then changes are accepted. Application Wilson argues that he had a present intent contract in 1999 when he signed up with Citibank for a credit card and signed an acceptance certificate to be bound by the terms. Since he did not sign the acceptance certificate on 2002 he did not intend to accept these new terms. Citibank was changing their terms from Wilson's original agreement with revised terms. Wilson agrees that he received the new information via his statement. Citibank argues that Wilson had present intent to contract, because on July 2001 Citibank forwarded
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Unformatted text preview: Wilsons statement and revised terms, Wilson continued to use and make payments to the Citibank credit card. Citibank argues that the terms were amended, and Wilson was aware and continued to use the credit card. Wilson did receive the statement and managed to pay his bill which means that he also received the revised terms. Even though Wilson did not like the news terms, he continued the pay the bill and use the Citibank card from July 2001 to March 2002 without any complaints. At this point Wilson's silence and continued use of the card indicates acceptance. Conclusion Yes Wilson did accept the new terms because his continued use of the card indicated the intent to accept the terms and allow Citibank to enforce the new agreement on his account....
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