SHORT ANSWER QUESTIONS

15. The Founding Fathers select Ben Franklin to choose a king for the newly-formed United States. He sends an offer in the mail to Prince Henry of Prussia.

(A) Assume for this part that a few days after the offer is sent by Ben, the Founding Fathers decide that having an American king isn’t such a hot idea after all. They therefore tell Ben to send a revocation of the offer. Ben mails the revocation on July 4. Prince Henry mails an acceptance on July 6. The Prince receives the revocation on July 7. Ben receives the acceptance on July 8. Is there a contract? _________________

(B) Assume for this part that Ben never sends a revocation. The Prince mails an acceptance on July 4 (while the offer is still open). He then changes his mind, and mails a rejection on July 7. Due to the vagaries of the Pony Express, the rejection arrives at Ben’s house on July 10, and the acceptance arrives on July 11. Is there a contract? ______________

(C) Same basic facts as (B). Now, however, assume that the Prince mails a rejection on July 4, then changes his mind and mails an acceptance on July 6. The rejection arrives on July 8, and the acceptance arrives on July 10. Is there a contract? _________________

17. Samantha’s House of Magic agrees to buy 50 silk top hats from Esmerelda’s Supply.

(A) Assume that the parties never discuss the time for shipment. Is there a contract? If so, for what time of shipment? _________________

(B) Assume instead that Samantha’s order form says that shipment will be made in 5 days, and Esmerelda’s acknowledgement form recites that shipment will be made in 90 days. Neither party notices the discrepancy until one month after Samantha receives Esmerelda’s acknowledgement form, when Samantha wonders where the shipment is. Is there a contract? If so, for what time of shipment? _________________

19. Tweedle Dee enters into a contract with Mad Hatter Catering to purchase some pies for a party he is giving. The contract specifies that Mad Hatter will provide 10 “moon pies” for the occasion. Prior to the contract, Tweedle Dee was at a friend’s house and was served an unusual pie made out of chocolate and green cheese, and the friend told him it was a moon pie — this is what Tweedle Dee meant to be ordering. Unbeknownst to Tweedle Dee, the pie Mad Hatter calls “moon pie” is made with ollaliberries and tang. The night of the party, Mad Hatter delivers his version of moon pies. Tweedle Dee is stunned when he sees the fruity concoction and refuses to accept them.

(A) Assume Mad Hatter had no reason to know that Tweedle Dee thought moon pies were made out of cocoa and green cheese, and Tweedle Dee had no reason to know that Mad Hatter thought moon pies were made with fruit. What result? _________________

(B) Now assume that, just prior to their first meeting, Mad Hatter had heard Tweedle Dee tell Cheshire Kitty, Mad Hatter’s receptionist, about the delicious chocolatey-cheesy moon pies he was hoping to serve at his party. What result? _________________