71.5k views
3 votes
On september i5, preet wrote to lila as follows: "i offer to sell you blackacre for $300,000, all cash, closing on november i. Please advise as soon as possible. (signed) preet." on october i, lila mailed her acceptance to preet, unaware that preet had died on september 30 when lila learned of preet's death, on october 5, lila insisted that the estate of preet nevertheless deliver the deed to blackacre in exchange for lila's certified $200,000 check. Xavier, the executor of preet's estate, refused to do so.

1 Answer

3 votes

Answer:

The contract wasn't formed because of closing of offer due to closing of offeree.

Step-by-step explanation:

The offeree can only accept the offer if:

1. The Offer is not closed.

2. The offerer is alive.

3. No offerer qualifies age limit.

4. The Offered is in senses which means he is not drunk or suffering from mental illness that affects thinking of what is right or wrong for him.

Clearly from the above conditions the condition 2 is not satisfied here because offerer died before the acceptance of offer. Hence the contract was not formed and Executor did right by refusing to deliver the deed to black-acre in exchange for money.

User Mike Venzke
by
4.3k points