American Contract Law for a Global Age, 2017a

contract in this case come into existence? Doesn’t that seem like the sort of thing
clients would want to know and on which lawyers should be able to offer advice?
Review Question 10. In Hendricks v. Behee, the court held that there was no
contract even though the offeree had signed. In Municipal Consultants, the court held
that there was a contract even though the offeree had not signed. Can you explain
this apparent discrepancy in outcome?
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Problems
Problem 6.1
Thelma says to Louise, “I’m getting a new television, and I’ll sell you my old
one for $300. Do you want it?” Examine each of the following responses and decide
whether a contract is formed.
a. Louise says, “That sounds pretty good.”
b. Louise says, “Yes, I’ll take it.”
c. Louise says, “Yes, I’ll take it. Is it possible for you to deliver it to my
apartment?”
d. Louise says, “Yes, I’ll take it, if you can deliver it to my apartment for
me.”
e. Louise says, “Yes, I’ll take it, if I can get my Mom to loan me the money.”
f. Louise says, “Can you do any better on the price?” Thelma says “No.”
Louise says, “I’ll take it.”
Problem 6.2
On April 10, Olivia Owner offers Peter Painter $5,000 to paint the exterior of
Owner’s lakefront cabin. The job will, however, require scraping off some of the older
paint around the porch that has been peeling. Painter says he is not sure he can do it
for that price. Owner, who is about to leave on a fourteen-day cruise in the
Mediterranean, says, “Well, think about it. You can decide while I’m off on the
holiday. If you agree, just go ahead and do it.” Owner then departs.
Two days later, on April 12, Painter goes to the cabin and spends six hours
scraping paint. This takes much more time than Painter estimated, and he realizes
that this job would be much more work than he expected and that he would need to
get more than $5,000 for the work. He quits and leaves the premises. The next day,
April 13, Painter is offered a job that pays a good deal more and will take a couple of
weeks to complete. He immediately emails Owner that he’s decided not to do the
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112 CHAPTER II: CONTRACT FORMATION