NINJA 263. I thought a revocation if made before an acceptance was one of the three ways to terminate an offer? I suck at business law…ugh
On May 2, Lace Corp., an appliance wholesaler, offered to sell appliances worth $3,000 to Parco, Inc., a household appliances retailer. The offer was signed by Lace's president, and provided that it would not be withdrawn before June 1. It also included the shipping terms: โFOBโParco's warehouse.โ On May 29, Parco mailed an acceptance of Lace's offer. Lace received the acceptance June 2.
Which of the following statements is correct if Lace sent Parco a telegram revoking its offer, and Parco received the telegram on May 25?
A. A contract was formed on May 2.
Incorrect B.Lace's revocation effectively terminated its offer on May 25.
C. Lace's revocation was ineffective because the offer could not be revoked before June 1.
D. No contract was formed because Lace received Parco's acceptance after June 1.
You answered B. The correct answer is C.
If Lace sent Parco a telegram revoking its offer and Parco received the telegram on May 25th, Lace's revocation was ineffective because the offer could not be revoked before June 1.
This transaction falls under the U.C.C. Firm Offer provision whereby an offer by a merchant to buy or sell goods in a signed writing which, by its own terms, states that it is held open for a specified period of time, is not revocable even though there was no consideration. Lace's offer was in writing, Lace is a merchant (wholesaler), and Lace stated that the offer would be held open until June 1.
BEC - 79
REG - 85
AUD - 5/27/16