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sample answer  should include-acceptance

Page history last edited by abogado 1 year, 3 months ago

Acceptance-chp12-F15

 

  • Olsen v Johnston

  • Includes the following:
  • Explain the followingTo form a legally enforceable contract, there must be (1) identifiable parties capable of contracting; (2) their consent; (3) a lawful object; and (4) a sufficient cause or consideration. Section 28-2-102, MCA. The parties' consent must be free, mutual, and communicated by each to the other. Section 28-2-301, MCA. Consent is not determined by the subjective, undisclosed intent of the parties
  • Explain the following:  Johnston argues that her offer required Olsen to reply to Townsend. Johnston contends that Olsen rejected the terms of her offer when she replied directly to Johnston. Johnston argues that Olsen instead presented a counteroffer when Olsen replied directly to Johnston. Johnston denies having accepted Olsen's counteroffer. Thus she contends that the parties formed no enforceable contract
  • Explain the following -  "Johnston did not make clear through her words and associated conduct that a reply to Townsend represented the exclusive permissible mode of acceptance. Johnston consequently did not create a condition precedent to Olsen's acceptance. The parties' mutual consent was completed therefore when Olsen accepted Johnston's offer in a reasonable manner. The offer and acceptance satisfied the three other essential elements of a contract. The parties had capacity to contract, § 28-2-201, MCA; the agreement had a lawful object — the sale of the property, § 28-2-601 to -602, MCA; and the agreement called for the exchange of sufficient consideration, § 28-2-801, MCA."
  • Explain the following  - "We consider only the offeror's objective manifestations of consent as expressed by words and conduct. Bitterroot Int'l Sys., ¶ 33. An offer must exclude clearly and definitively all other modes of acceptance to create a condition precedent to acceptance"
  • Explain the following - "Moreover, the parties' exchanged letters satisfied the statute of frauds. A contract for the sale of real property must be memorialized by a written note or memorandum subscribed by the party to be charged. Section 28-2-903, MCA. The note or memorandum does not have to be in any particular form and may consist of several writings"  - 
  •  Explain who won the case and why and Affirmed - 
  •  Add any other details you wish 

 

 

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