BSL 212 F - Quiz #2
MODEL ANSWER
NAME:______________________________
DATE: ____________________
BSL 212 F
Question # 1:
Benjamin discovers a mint condition vintage 1970s avocado-green blender hidden in his attic.
On Monday, he mails a letter to Emily, an acquaintance who collects such items, offering to sell
her the blender for $200. On Wednesday, Emily mails back a letter to Benjamin advising him
that she is willing to pay $175 for the blender. On Thursday, when Emily hears that Roger, a
rival collector, might purchase the blender, she faxes to Benjamin (and Benjamin receives it) a
letter stating that she will purchase the blender for $200. On Friday, Benjamin receives the
letter that Emily had mailed on Wednesday. Benjamin refuses to sell the blender to Emily, and
Emily sues Benjamin for breach of contract. Who wins and why?
Decision: Benjamin vs. Emily (circle the winner)
RULE(S) OF LAW:
(State the applicable legal rule and any relevant definitions; do
not incorporate or refer to the parties, facts, or outcome of the
case.)
The acceptance is valid when sent unless the offeror expressly states otherwise, it is
an unauthorized means of acceptance, or a rejection (counteroffer) is sent and
received prior to the acceptance.
APPLICATION:
(Explain how the rule of law is applied to the facts to reach your
Decision.)
Even though Ben received the letter that Emily mailed on Wednesday at a later date
on Friday, the contract was in effect when Emily faxed the letter of acceptance on
Thursday. By accepting his offer of $200 for the blender, since the acceptance was
received prior to the counteroffer, it is a breach of contract and Emily wins.
BSL 212 F - Quiz #2
MODEL ANSWER
NAME:______________________________
DATE: ____________________
BSL 212 F
Question # 2:
Brad owns DJ, a very rare Queen of Bavaria Parakeet (a bird). Brad takes DJ for his yearly
checkup with Dr. Karamoko - a well-known bird veterinarian - who detected a fatal parasite
condition in DJ's blood. The doctor claimed DJ would likely be dead by the end of the month
and there was nothing that could be done to help. A healthy rare parakeet is worth $500. Brad
takes the bird to Sarah's Bird House, a merchant in birds, and offers to sell DJ for $500 with no
mention of the bird’s illness. Sarah inspects the healthy-looking DJ and agrees to buy the bird.
Just two weeks after Sarah paid $500 in cash for DJ, the bird looks so sick that Sarah takes him
to Dr. Karamoko. Sarah is shocked to learn that Dr. Karamoko had previously diagnosed DJ with
a terminal illness. If Sarah sues Brad to get her money back; who will win and why?
DECISION: Brad vs. Sarah (circle one)
RULE(S) OF LAW:
(State the applicable legal rule and any relevant definitions; do
not incorporate or refer to the parties, facts, or outcome of the
case.)
Unilateral Mistake can be granted relief if 1) the offeror knows or should reasonably
know the offeree would make and rely on the mistake or 2) if the mistake was made
at the fault of the other party.
Fraud in the inducement is when a party intentionally misrepresents a material fact
of the agreement, or conceals information that would alter the other’s party’s
willingness to make the agreement. Fraud in the inducement can be either
misrepresentation or concealment.
APPLICATION:
(Explain how the rule of law is applied to the facts to reach your
Decision)
Brad did not disclose the bird’s health which affects the value of the bird. If Brad
said the bird was sick then Sarah may not have bought the bird. Keeping this
information from Sarah caused her unilateral mistake and she is entitled to
restitution to get her money back. Sarah wins.