Question

Staci wants to buy Todd’s 1958 Les Paul guitar. She played it when she was recently visiting North Carolina. She calls Todd Sunday night and offers him $8,000 for the guitar. Todd replies he can’t take $8,000 and says, “I will let you have it for a $12,000 and you have to pay for shipping to your home in Kalamazoo, Michigan.” Staci knows that Todd likes her and wants to ask her out on a date. Staci replies, “I can’t come up with that much money. But I really want that guitar. How about $10,000 and when you bring it to me I will go out on a date with you.” Todd replies, “You’ve got a deal!” Staci took Dr. Walling’s Business Law class at WMU and remembers two things; First, that if she hears the words “Legal Argument” again she will die; and second, that she needs to get this in writing. She writes out the terms they agreed on and mails out an offer to Todd first thing Monday morning. Staci gets back with her boyfriend on Wednesday and decides it not a good idea to go out with Todd after all. She mails out a letter revoking her offer later that day. Todd receives Staci’s letter containing her offer on Thursday. He writes a letter stating he accepts Staci’s offer on Thursday and mails it out Friday morning. Todd receives Staci’s letter revoking her offer on Saturday. Staci receives Todd’s letter accepting her offer the following Monday. Todd shows up to Staci’s place the next week with the guitar and some flowers. Staci answers the door and seems confused. “What are you doing here?” she asks. “What do you mean? Here’s the guitar and I have two tickets to Miller and reservations at Websters. How about you get dressed and give me my $10,000.” “What?!” Staci says. Is there an enforceable contract between Todd and Staci?

Answer 1

As Staci and Todd agreed on doing something in return for a favour done to them by the others , they have a contract between them which is enforceable. Even though Staci wrote a mail revoking the order , Todd did not reply any acceptance to it or acknowledge receiving the letter. and hence the agreement is still intact and if Staci takes the guitar from him she have to oblige what she has promised.