Term
Seller accepts the café's offer. For the last three years, the café has ordered 1,000 cans a year. Can the café require
Seller to deliver 8,000 cans this year |
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Definition
NO, because even if cafe' is ordering the beans in good faith -->the buyer CANNOT take the seller by SURPRISE.
- increase/decrease cannot be "out of line w/ buyer's requirements"
- on exam -- it will not be close [will be huge increase]. |
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Term
On March 1, I offer to sell Jessica Biel my Honda for $5,000. My offer does not contain a termination date. Can
Jessica accept my offer on December 22?
If I sell my Honda to Rooney Mara on March 2, can Jessica still accept my offer? |
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Definition
NO, because even though there is no deadline, an offer does not last forever -- it LAPSES after a "reasonable time" has passed.
- whether "reasonable" will not be issue on exam --> will be way too long.
YES, because there is no evidence that Jessica knew about the conduct (sale to Rooney).
-***most likely question |
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Term
| What if my promise to keep the offer open is in writing -- can I revoke? |
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Definition
| YES - because promising to keep the offer open is not enough --> it must be paid for. |
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Term
What if my promise to keep the offer open is in writing:
revocable? |
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Definition
On the MBE, it does not matter (offeror can still revoke).
***NY DISTINCTION***: in NY, a signed, written promise not to revoke IS enforceable, even without payment (the writing takes the place of payment). |
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Term
Carmax makes a written offer on Carmax letterhead to sell a BMW. The offer says that Carmax will not revoke
for two weeks. Can Carmax still revoke its offer?
What if the writing provides that Carmax will not revoke for six months?
What if Carmax's promise not to revoke does not state a time period?
Carmax makes a signed, written offer to sell a BMW. Can Carmax still revoke? |
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Definition
1) Not for 2 weeks (because this is a "firm offer" under article 2 -- Carmax is a merchant and it promises not to revoke; under Article 2, you do NOT need a signature (many other things suffice) -- a letterhead is good enough to constitute a "signed writing)
2) Unlike an option, a firm offer has a 3-month time limit --> so the offer will be "firm" for only 3 months.
3) Offer will be firm for a "reasonable time" (not to exceed 3 months) |
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