1. (A) Yes, an acceptance for the offer was communicated between Margaret and Frank. Margaret saw Frank’s offer for the lawn mower, and Margaret said that she would buy it for the asking price of $200. Since Margaret did not bargain for another price, and used the words “I will,” she indicated that she accepted the offer that Frank had originally advertised.
A contract was also formed between both parties when Margaret accepted the offer. In order for a contract to be enforceable, both participants need to have the capacity to enter into a contract. The parties must not be minors, mentally incapable individuals and intoxicated at the time of forming the contract. Margaret and Frank were presumably mentally competent adults, therefore they had the capability of entering into a contract. The purpose of the offer must be legal and not harmful to others. Frank sold his lawn mower and Margaret’s offer to purchase it, did not fall under any illegal or harmful activity. A mutual consensus between both parties was also required. In this case, there was both a mutual consensus and intention between Frank and Margaret in their agreement. Both parties came to a complete agreement over the price and there was an intention for it to be legally enforceable. Finally, a consideration (price) has to be made for a contract to form. The price Frank had listed was $200. Margaret mentioned, “I will buy the lawn mower for $200.” Therefore, Margaret insured that she would pay $200 and a consideration was made.
b) Alicia was incorrect as Roberto did not commit any illegal activity. Roberto gave Alicia an invitation to treat by offering to sell his car for $5,000. Alicia did not accept the offer until Thursday, and therefore no contra...
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... the DLS system being down and they also received negative press. In addition, Elite College could sue for the damages of having to pay for an expensive marketing campaign based on the fact that they offered DLS services. Finally, damages can be awarded for negligent representation. DLS had a duty of care to Elite College to provide them with adequate care; DLS said that their system would have technical errors during its implementation process, but it would only be temporary. DLS acted negligently when they assured Elite College that their system errors were temporary. Elite College relied on the statements that DLS made about their computer system. Elite College had taken DLS’s word that their system would be fixed after its initial trial errors, and when it was not, they ended up losing students who could not use the online school program or complete their exams.
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