Question 1

Pts

Polly: First e-mail was offer

6

Polly: My online order was an acceptance of your e-mail offer, so contract included free DVDs.

6

Polly:  Your invoice was attempted modification which (1)I didn't accept (2) no consideration.

6

Extreme: Our e-mail was an advertisement, not an offer – (1) it is not reasonable to think that we could meet the orders of everyone to whom we sent that e-mail (2) details of deal not in e-mail, for example, shipping and handling cost. This was an invitation to deal, not an offer.

6

Extreme: Polly's order on internet was the offer. We responded by Invoice #345678 which makes no mention of free DVDs. That was our counteroffer (it contained shipping and handling charges).  Polly accepted the offer by paying for the DVDs.

6

Extreme: It is clear from out e-mail advertisement that the 10 DVDs would have been a gift. Gift promises lack consideration and are not enforceable.

5

Polly: Even if e-mail was not an offer, your web page and online ordering form was an offer which I accepted and the offer should be understood to include your e-mail to me and therefore includes the free DVD offer

6

Polly: You call the 10 DVDs a gift, but from my point of view your offer was 60 DVDs for $25 – that is a reasonable interpretation and you should be bound by that reasonable interpretation even if it was not your intention. My online order was an acceptance of that online offer. Alternatively, you made a promise on which I foreseeably relied and promise is binding under §90.

5

Polly: the UCC focuses on agreement  in 2-204 rather than offer and acceptance; absence of shipping and handling costs would not prevent it from being a contract; any fair reading of the facts here show that we had an agreement including the free DVDs when I ordered the 50 DVDs

5

Extreme: the omission of any reference in our Invoice to the 10 other DVDs you are arguing about shows that we had no agreement under 2-204.

5

Misc

4

Question 2

Pts

Walter: Weapons made an offer to me which I relied upon by quitting my job and renting an apartment in L.A. They couldn't take back that offer after I relied on it under RS2d 87(2) and Drennan (this is California, after all).

8

Weapons: How were we to "reasonably expect" you would rely by quitting your job and renting an apartment before accepting our offer of employment – so neither RS2d 87(2) nor Drennan are applicable here.

8

Walter: You said you wanted me to quit my job and come to work immediately so you should have expected my actions.

8

Walter: In the alternative, your offer was for a unilateral contract – the beginning of my acceptance by performance was quitting my job – you made that part of your offer; that beginning makes your offer irrevocable under RS2d §45

8

Weapons: The offer was one that looked to your promise to be our employee as acceptance, not any action like quitting your job. This was not an offer that was within §45 – it was an offer that looked for a promissory acceptance.

8

Walter: Alternatively, you wanted me to think over your offer – our deal was that I would think over the offer in exchange for your giving me a firm offer for one week. This was an option agreement supported by consideration and you could not withdraw the offer (the option) for one week. My acceptance was my exercise of that option.

8

Weapons: The common law doesn't recognize "firm offers." The UCC includes firm offers but requires they be put in writing, which our offer was not. Our offer was revocable and we revoked it before you accepted it, so we owe you nothing.

8

Misc

4