Question

Can someone help me with this exercise WITHOUT copying the other answers? Please.

1. Thomas was the owner of a painting company. He posted an offer on the bulletin board of the local Lion’s club. The offer said: "to the members of the Lions, will paint your home this month for $5,000 up to 4,000 square feet. This offer will remain in effect until June 15." The offer also included Thomas’ business address, contact information, and indicated that acceptance must be in writing.

Samuelson, a member of the Lions, and Stockton, the manager of the club facility, both responded. Samuelson wrote a letter to Thomas on June 4 indicating that he would accept the offer so long as Deluxe Homes Paint was used. Stockton wrote a letter to Thomas on June 6 indicating that he accepted all the terms of the offer.

a. Was a contract created between Samuelson and Thomas? Please discuss.

b. Was a contract created between Stockton and Thomas? Please discuss.

2. Jenkins verbally informed his daughter, Ursula, that he would give her a piece of unused land he owned so that Ursula could construct her home on the property. Ursula immediately gave notice to her landlord that she would not renew the lease of her apartment that was due to expire in eight month and began construction of her new home of the property that she was given. Is the father bound by the promise to give the land to his daughter? Please discuss.

Answer 1

1. a. A contract was not created between Samuelson and Thomas. Samuelson’s acceptance was conditioned upon the use of Deluxe Homes Paint, which was not part of the original offer. This condition would be considered a counteroffer, which Thomas would have to accept or reject. Since Thomas did not respond to Samuelson’s letter, there was no acceptance of the counteroffer and no contract was formed.

b. A contract was created between Stockton and Thomas. Stockton’s acceptance of all the terms of the offer was an unconditional acceptance, which created a binding contract between the two parties.

2. The father is not bound by the promise to give the land to his daughter. The promise was made verbally, which means that there was no written agreement between Jenkins and Ursula. Furthermore, there was no exchange of consideration between the two parties. Ursula did not give anything in return for the promise of the land. Therefore, there was no legal contract between the two parties and Jenkins is not obligated to give Ursula the land.