Contracts Keyed to Barnettback
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Tania owned a law tutoring company and hired Johnny to give bar review lectures during the week of June 10 through June 16. Unfortunately, Johnny came down with the flu and informed Tania, by letter, that he couldn’t teach the bar review courses as scheduled. On June 1, Tania sent the following letter by overnight mail to Ronny, Tommy and Lonny, three other attorney instructors who worked for Tania’s tutoring company:
“Hey, Johnny cannot teach the bar review for the week of June 10 through 16 because he is sick. I need another attorney instructor. Please be at our headquarters by June 9th so I can train you. Our seminar is full, so money isn’t a problem. Thanks! Tania.”
All three letters were identical and were received by the respective attorney instructors on June 2.
Q. Assume for this question only that upon receipt of Tania’s letter on June 2, Tommy promptly sent back a letter by overnight mail:
“I’m coming to your rescue. I know I will make you proud!” After Tommy dispatched the letter, but before Tania received it, Johnny called Tania to let her know that he was much better and that Johnny could teach as planned on June 10. Immediately Tania called Tommy and told him that Johnny was well enough to teach and that Tania no longer needed Tommy.
Tommy sued Tania and her company for breach of contract. Tania’s company asserted in its defense that there was no contract since Tommy never effectively accepted Tania’s offer. Will Tania’s company win on the grounds of this defense?Grading can be reviewed and adjusted.Grading can be reviewed and adjusted.
Glenda, the owner-director of an exclusive private summer camp for children, hired Clara the Clown to perform for the children during the week of June 10 through 16. Unfortunately, Clara came down with acute laryngitis and informed Glenda by letter that she would be unable to perform until sometime in late June. On June 1, Glenda sent the following letter by overnight mail to Ronny, Tommy and Lonny, three other clowns.
“I’m in a bind. I had lined up Clara the Clown for the week of June 10 through 16, but she’s sick and can’t perform. I need another clown. You have to be here at camp by June 9th at the latest so I can prep you on this year’s program.
Camp is filled to capacity so money is no problem. Sincerely desperate, Glenda.”
All three letters were identical and were received by the respective clowns on June 2.
Assume that as soon as Ronny received Glenda’s letter, she cancelled her plans to perform at the Knights Charade the week of June 10 and—without letting Glenda know of her intentions—showed up at camp during breakfast the morning of June 9. After doing several cartwheels down the dining room center aisle, Ronny landed smiling in front of Glenda and sang: “Winter, spring, summer or fall, all you have to do is call and I’ll be there. Your clown problems are over!” Glenda took Ronny by the arm and, as inconspicuously as possible, slipped out of the dining room. She told Ronny that Clara had gotten her voice back and was going to perform as originally planned. She explained that since Ronny had not communicated any response to Glenda’s letter, Glenda was not expecting her.
Who will win if Ronny sues the summer camp?Grading can be reviewed and adjusted.Grading can be reviewed and adjusted.