Gabrielle the owner of a nightclub booked Sam a famous entertainer for the week

Gabrielle the owner of a nightclub booked sam a

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6.Gabrielle, the owner of a nightclub booked Sam, a famous entertainer, for the week beginning September 1. Sam's surgeon advised that Sam would not be able to perform until October 1. On August 21, Gabrielle sent the following telegram to Madonna, Bruce, and Garth, three other famous performers. "Sam is too ill to perform during the September 1 week. Desperately need replacement act. If you acceptthis offer, you must promise to arrive no later than August 29 to give the band time to rehearse with you.Performance fee will be $500./s/Gabrielle." Assume that Madonna received her wire on August 22 and immediately wired back: "On my way. I will arrive no later than August 29. Hope I get a better room than you provided last time./s/Madonna." After Madonna sent her wire, but before Gabrielle received it, Gabrielle learned from Sam's surgeon that Sam had recovered and could perform September 1 after all. Gabrielle immediately telephoned Madonna and told her she was not needed because Sam had 2
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recovered. If Madonna asserts a claim against Gabrielle and Gabrielle defends on the ground that there was no effective acceptance of her offer, who will prevail? A)Madonna, because her acceptance was dispatched prior to Gabrielle's revocation of her offer.B)Madonna, because Gabrielle's revocation was not communicated in the same form as Gabrielle's offer.C)Gabrielle, because no contract was formed and Gabrielle was free to revoke.D)Gabrielle, because Madonna's response added a new term to the offer, which Gabrielle was free to reject. 7.The most likely contract to be governed by the Uniform Commercial Code (UCC) Article 2 is a contract for: 8.Arnold hands a note to Beth that says: "I will give you $25 if you will wax my car next Saturday." Beth is excited. She buys car wax and shows up at Arnold's door on Saturday with all of her car waxing materials. Arnold tells her that his wife waxed the car and he no longer wants her to do the job. What is Beth's best argument?
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  • Fall '06
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  • choice D

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