convoluted 2-207 question Forum

[ogurty]

The "confirmations" were sent simultaneously, does this implicate things at all? I would think seller would have an argument that he never assented to the terms of the oral K at all.

Yes, he might, but when the facts of the hypo say "oral K for sale of tigers", it does not mean "there MIGHT be a contract".

[midwesternlife33]

The "confirmations" were sent simultaneously, does this implicate things at all? I would think seller would have an argument that he never assented to the terms of the oral K at all.

Yes, he might, but when the facts of the hypo say "oral K for sale of tigers", it does not mean "there MIGHT be a contract".

The facts didn't say that, it went through the entire negotiation, which amounted to what looked like an oral K for the sale of tigers. I didn't want to type out a 3 page fact pattern.

[ogurty]

The "confirmations" were sent simultaneously, does this implicate things at all? I would think seller would have an argument that he never assented to the terms of the oral K at all.

Yes, he might, but when the facts of the hypo say "oral K for sale of tigers", it does not mean "there MIGHT be a contract".

The facts didn't say that, it went through the entire negotiation, which amounted to what looked like an oral K for the sale of tigers. I didn't want to type out a 3 page fact pattern.

Then it's a completely different question. Can't oversummarize the facts.

[midwesternlife33]

The "confirmations" were sent simultaneously, does this implicate things at all? I would think seller would have an argument that he never assented to the terms of the oral K at all.

Yes, he might, but when the facts of the hypo say "oral K for sale of tigers", it does not mean "there MIGHT be a contract".

The facts didn't say that, it went through the entire negotiation, which amounted to what looked like an oral K for the sale of tigers. I didn't want to type out a 3 page fact pattern.

Then it's a completely different question. Can't oversummarize the facts.

Right, I wasn't asking for specific answers to my practice question (if I was I would have posted the hypo or something), just looking for pertinent issues and how they hypothetically work out.