From the daily archives:

Tuesday, July 13, 2010

July 2010 MBE Question of the Day #41

by Dina Allam

Jul
13

A buyer mailed a signed order to the seller that read: “Please ship us 10,000 widgets at your current price.” The seller received the order on January 7 and that same day mailed to the buyer a properly stamped, addressed, and signed letter stating that the order was accepted at the seller’s current price of $10 per widget. On January 8, before receipt of the seller’s letter, the buyer telephoned the seller and said, “I hereby revoke my order.” The seller protested to no avail. The buyer received the seller’s letter on January 9. Because of the buyer’s January 8 telephone message, the seller never shipped the goods.

Under the relevant and prevailing rules, is there a contract between the buyer and the seller as of January 10?

A. No, because the order was an offer that could be accepted only by shipping the goods; and the offer was effectively revoked before shipment.

B. No, because the buyer never effectively agreed to the $10 price term.

C. Yes, because the order was, for a reasonable time, an irrevocable offer.

D. Yes, because the order was an offer that seller effectively accepted before the buyer attempted to revoke it.

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