Adjutant generals office replied with an offer for the Alliance to rent under

Adjutant generals office replied with an offer for

  • Notes
  • kellmargs2
  • 12
  • 100% (3) 3 out of 3 people found this document helpful

This preview shows page 11 - 12 out of 12 pages.

- Adjutant general’s office replied with an offer for the Alliance to rent under certain terms: one term was that signed acceptance be returned to their office. - On April 3, Cushing (Alliance member) signed the acceptance and placed it in the “outbox” bin of Clamshell Alliance’s office - The next day, April 4, adjutant general called saying Gov. Thomson had withdrew their offer. - As adjutant general continued to deny them access Cushing brought suit against Gov. Thomson seeking specific performance of the contract. - Trial court found letter of acceptance probably was with mail service before revocation and ruled in favor of Cushing. Opinion (Per Curiam, Supreme Court of New Hampshire): - Determining if trial court erred in saying it was an enforceable contract - Must find evidence to sustain that acceptance occurred before revocation. - It was customary for letters to be sent same day they were placed in the outbox so which supported the acceptance being before revocation. Affirmed.
Image of page 11
When Acceptances Take Effect: UCC Changes - UCC generally holds reasonable medium rules from common law, except if an unreasonable medium was used it’s still effective when sent if it arrives in same amount of time a reasonable medium would have taken Acceptance of Unilateral Offers Is Notice of Completion of Requested Act Required? - Unless notification is expressly required, offer has been accepted upon performance of act - Offeror must have adequate means of finding out the act has been done. When Can Revocation Be Made? - The offeror can revoke the offer any time before full performance occurs. - Offeree is entitled to recover the value of his or her partial performance under quasi- contract rules - Newer view is if the task will require time, the right of revocation is suspended once the offeree begins task until a reasonable amount of time has passed Unilateral-Bilateral Contracts: UCC Changes - Most sale of good contracts are bilateral Prompt Shipment” Offers - Before UCC a buyer requesting “prompt shipments” or similar wording was considered an offer for a unilateral contract: could only be accepted by shipment - Now these types of offers are invitations to accept by either promptly shipping or promising to do so (contract can still be breached if not sent promptly) - Buyer may still require acceptance to be by actual act of shipment but they must expressly state this
Image of page 12

You've reached the end of your free preview.

Want to read all 12 pages?

  • Spring '08
  • Baker

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture