Really Quick 1L Contracts Question

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S de Garmeaux
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Really Quick 1L Contracts Question

Postby S de Garmeaux » Sun Oct 17, 2010 6:15 pm

Real quick question:

A faxes offer to perform services for B. Within minutes, B faxes reply, "I reject your offer".

The next day, A faxes the exact same offer to B. Does B have the power to accept? I guess I'm asking if A can re-offer the exact same terms to B if B has already rejected them once.

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Lonagan
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Re: Really Quick 1L Contracts Question

Postby Lonagan » Sun Oct 17, 2010 6:21 pm

Unless I am missing something yes, A can make the exact same offer again. It would be as if the first offer and rejection never took place for purposes of characterizing A's power to withdraw the offer, B's power to accept, etc.

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S de Garmeaux
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Re: Really Quick 1L Contracts Question

Postby S de Garmeaux » Sun Oct 17, 2010 6:22 pm

thanks! just wanted to make sure

dakatz
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Re: Really Quick 1L Contracts Question

Postby dakatz » Sun Oct 17, 2010 6:23 pm

Of course. He could make the same offer every day until the end of time if he wanted to. Just because B doesn't want it one day doesn't mean he may not want the same deal some time in the future. As long as A continues to offer it each day anew, B can do whatever he chooses.

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onthecusp
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Re: Really Quick 1L Contracts Question

Postby onthecusp » Sun Oct 17, 2010 6:29 pm

S de Garmeaux wrote:Real quick question:

A faxes offer to perform services for B. Within minutes, B faxes reply, "I reject your offer".

The next day, A faxes the exact same offer to B. Does B have the power to accept? I guess I'm asking if A can re-offer the exact same terms to B if B has already rejected them once.


Yes.




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