Contracts 100A

2. A makes an offer to B and adds, "Send your office boy around with an answer to this by twelve o'clock." The offeree comes himself before twelve o'clock and accepts. There is a contract.

Why did the acceptance in Illustration 2 result in a contract despite the offeree not sending the office boy?

A-Because the offeror was not present at the office to receive the boy.

B-Because the offeree arrived before the time deadline mentioned in the offer.

C-Because the law prioritizes personal interaction over the specific medium of delivery.

D-Because the instruction was not a mandatory, exclusive requirement for the formation of the contract.

.

Correct

D-Because the instruction was not a mandatory, exclusive requirement for the formation of the contract. This is correct; the request was interpreted as an example of a satisfactory method rather than a strict requirement

When does an offeree's method of acceptance create a valid contract if it differs from the offeror's suggestion?

A

Whenever the offeree decides that the proposed method is inconvenient.

B

When the offeree sends the acceptance via mail regardless of the offeror's instructions.

C

When the offeror only suggested the method rather than mandating it as the sole requirement.

D

Only when the offeree provides a formal written notification at the offeror's place of business.

C

When the offeror only suggested the method rather than mandating it as the sole requirement.

This is correct because, according to § 60, if the method is merely suggestive, alternative methods are not precluded.

What is the primary indicator that an offeror has created a strictly limited power of acceptance?

A

The use of language indicating that the method is the only way the offer may be accepted.

B

The mention of multiple possible locations for the response.

C

The inclusion of specific deadline dates or hours.

D

The addition of a business address in the offer.

A

The use of language indicating that the method is the only way the offer may be accepted.

Correct

This is correct; if the offeror explicitly makes a requirement that the method must be followed, the power of acceptance is restricted.

Under what condition is an acceptance sent by an alternate method effective despite the offeror specifying a mode?

A

If the offeror remains silent for over a week after the alternative method is used.

B

If the offeror's original language is interpreted as a suggestion rather than a mandate.

C

If the offeree provides proof of postage for the chosen method.

D

If the offeree chooses a method that is more expensive.

• B

  If the offeror's original language is interpreted as a suggestion rather than a mandate.Correct

This is correct; if the language is merely a suggestion, the offeree is not strictly bound to the suggested method.

What is the legal effect of an acceptance that does not comply with a strictly prescribed method?

A

It acts as a binding contract anyway.

B

It constitutes a counter-offer.

C

It is treated as a request for further negotiation.

D

It voids the original offer entirely.

B

It constitutes a counter-offer. - This is correct as stated in comment (a); an acceptance in any way other than the prescribed way is legally a counter-offer.

Under what condition is an offeree required to notify an offeror of acceptance by performance?

A

Only when the offeree is unsure if the offeror intends to pay.

B

Whenever the performance occurs over a period of time longer than one week.

C

When the offeror has no reasonable way to discover the performance independently.

D

Whenever the offer involves a contract of suretyship.

C

When the offeror has no reasonable way to discover the performance independently.

Correct

If the offeror lacks an adequate means to learn of the performance, the burden falls on the offeree to provide notice.