On July 1, Silk, Inc., sent Blue a telegram offering to sell Blue a building for $80,000. In the telegram, Silk stated that it would give Blue 30 days to accept the offer. On July 15, Blue sent Silk a telegram that included the following statement: βThe price for your building seems too high. Would you consider taking $75,000?β This telegram was received by Silk on July 16. On July 19, Tint made an offer to Silk to purchase the building for $82,000. Upon learning of Tintβs offer, Blue, on July 27, sent Silk a signed letter agreeing to purchase the building for $80,000. This letter was received by Silk on July 29. However, Silk now refuses to sell Blue the building. If Blue commences an action against Silk for breach of contract, Blue will:
A.
win, because Blue effectively accepted Silkβs offer of July 1.
B.
win, because Silk was obligated to keep the offer open for the 30-day period.
C.
lose, because Blue sent the July 15 telegram.
D.
lose, because Blue used an unauthorized means of communication.
Correct: A
To create a contract, the offer must be accepted before a termination of the contract. A counteroffer is a rejection of the original offer followed by a new offer. Since Silk accepted the new offer, the counteroffer is a new contract.
I am not sure if I have missed anything, but as far as I can see in the question, there isn't(is there???) any implication for Silk's acceptance of the counteroffer…Also, if Blue has made a counteroffer, which should be a rejection against and termination of the original contract, how can Blue accept that original offer later? Really confused!!!
Would really appreciate if anyone could point out my mistakes…
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