6) Seller is a major distributor of pens on which inscriptions are engraved. Seller sends a pro forma letter to several hundred potential customers, including Buyer. Neither the letter nor the envelope recites the Buyer's name. The letter states that Seller manufactures pens with any inscription at $.50 per item, for orders of a minimum of 1000 pens with an inscription of no morethan 25 letters each. Buyer telegraphs Seller, "send me 2000 pens, at $.50 each, with the following inscription....." The inscription contains 22 letters. The next day, Seller wires Buyer and advises him that the purchase price for 2000 pens is now $1,150 because of an unforeseen increase in the cost of production. On these facts, if Buyer sues Seller, it is most likely that:(A) Buyer will prevail, because Seller's letter was accepted by Buyer's telegraph.(B) Buyer will prevail, because it was too late for Seller to change the terms. (C) Seller will prevail, because the telegraph does not bear the Buyer's manual signature.(D) Seller will prevail, because his letter to Buyer did not constitute an offer. Answer: D. Like an advertisement, a mass mailing to a general list of potential customers generally is not considered an offer but instead, an invitation to negotiate. These facts tell us thatseller's letter was a pro forma letter and the buyer's name did not appear on the envelope or in the letter itself. Buyer's wire would not create a binding contract until confirmed by seller. Choices A & B are wrong for the same reason that choice D. is correct. Seller's letter was not anoffer. Choice C. is incorrect. Unless the offeror specifies the means of response, the acceptance of an offer may be communicated by any reasonable means. Although wires are not manually signed by the senders, they are nevertheless effective to communicate acceptance. Buyer's name on the telegram, if put there to authenticate the writing, may satisfy the requirement of a signed writing.4
7) In September 2000, Jane Gold, 23 years old and unmarried, was beginning her third year of law school. She entered into a written lease with Landlord for an apartment near campus for the nine-month school year ending on May 31, 2001. The rent was $500 a month payable in advanceon the first day of each month. Jane paid the rent through December 1, but did not pay the rent due on January 1, nor has she paid any rent since. On January 15, 2001, Landlord threatened to evict Jane if she did not pay the rent. That night Jane called her father, Harry, and told him that she did not have the money for the rent nor did she have the money with which to pay her tuitionfor the second semester. Harry told Jane if she agreed not to marry until she finished law school, Harry would pay her tuition, the $500 rent that was due on January 1, the rent for the rest of the school year, and $100 a month in spending money until Jane graduated. Jane, who was engaged to be married, agreed that she would not marry until after she graduated.On January 16, Harry wrote Landlord the following letter, which Landlord received on January
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- Fall '06
- seller, Gabrielle