Contract Case Offer and Acceptance: A Case Study

562 Words Jan 6th, 2018 2 Pages
CONTRACT CASE OFFER AND ACCEPTANCE
Issues
Did the statement "Just bring your father in after you've talked with your sister" constitute an offer capable of being accepted by that specified act, thereby creating a binding bilateral contract or was that statement just a confirmation of a standing offer still subject to future acceptance? Was the two-week-long offer validly revoked prior to its acceptance by the publication of the subsequent ad indicating that the facility was full?
Rule
If a party to contractual negotiations specifies a particular means of acceptance of an offer through an act, the performance of that act creates a mutually-binding bilateral contract. However, the wording of the offer and the terms of acceptance are subject to the most reasonable ordinary understanding of that wording and terms. If it is unreasonable to believe that the ordinary interpretation of that wording is intended to create an enforceable agreement at the time of that statement, any attempted acceptance in reliance on that unreasonable interpretation will not create an enforceable contract. Finally, an offer may be revoked by the offeror at any time prior to its acceptance by an offeree.
Application of Rule to Facts
Peter's argument relies on the assumption that the most reasonable interpretation of Don's words "You can let me know anytime over the next two weeks "¦ Just bring your father in after you've talked with your sister" was that Don meant that Peter could accept his…

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