A question! (Law and Justice)

[Jefepato]

To those who read all that, god, why? :)

Because my Contracts final is in a week.

[Apple of Eris]

So lets discuss contracts once again shall we? All this case law is getting stale. (Oh and sorry I missed the socrates question, I looked at it when I woke up at six or seven then fell asleep again and missed my chance to look smart :( ).  Okay, so what I'll do here is give a scenario from atextbook I used to use when I taught a basic law class and then there'll be a question or two about it. Okay, here goes!

Joanna is offered a position as librarian for the school district of Langford. She recieved a written offer of employment on the first of the month with the stipulation that the offer would expire on the fifteenth of the same month. If Joanna were to accept the offer, she would have to sign the enclosed contract and return it to the school superintendent before the offer expired on the fifteenth.

Upon reading the contract, Joanna felt the slaray identified was too low and adjusted it upwards by $5,000, initialing her change on the copy. She then signed and returned the contract indicating she would be pleased to accept the offer as detailed on the contract. The contract arrived on the fourteenth of the month, at which time the superintendent called to express his regret at her rejection of the employment offer. During the phone conversation, Joanna realized the superintendent would not accept the revised salary and verballyaccepted the position at the original salary. The superintendent declined her acceptance, stating the original offer no longer existed.

1. Does the school have the legal right to withdraw the offer? Why or why not.

2. Suppose Joanna accepted the original contract as offered (she never revised the contract), but did not mail her acceptance till the fourteenth, her acceptance arriving at the school on the sixteenth, one day after the expiration date. Can the school withdraw the offer? Why or why not?

[Jefepato]

1. Yes (although I wouldn't phrase it that way; the school isn't so much withdrawing the offer as declining to make it again).  Her change was material, so in sending the copy with the higher salary, she was effectively making a counter-offer.  In making a counter-offer she rejected the original offer, so it was no longer on the table to be accepted.

2. No.  An acceptance takes effect when it's sent, not when it's received.  (The mailbox rule is wacky.)

[Apple of Eris]

Excellent! Yeah, question one is a bit of a trick question with the way it is worded. And right on with the second one as well.

I'll have to come up with something more challenging later :)

[schnookums]

I was considering asking something about Liebeck v. McDonalds but...well...I'd rather avoid the fights that erupt around that court case.

Still, in general, what is the legal docterine that permits a claim against someone who is neither negligent nor guilty of intentionally committing wrongful acts?

(Hope I phrased that correctly)

[Vekseid]

I think we went over the Stella case rather thoroughly in the Shoutbox, might do well to pull out Apple's commentary and post it. The McDonalds coffee case is covered fairly well at the Stella awards, however.

[schnookums]

Oh, I'm quite familiar with the case...I did my final paper for my Business Law class on that case.

[Apple of Eris]

Let's not rehash that whole thing again :)

[schnookums]

Heh, even mentioning the name was more then enough...my bad. I should have known better.

[Methos]

Just to nitpick slightly - your contract doesn't necessarily need consideration it can be made under seal and therefore not require consideration.

[Jefepato]

Just to nitpick slightly - your contract doesn't necessarily need consideration it can be made under seal and therefore not require consideration.

In the USA, most states have abolished the distinction between sealed and unsealed contracts.

[Methos]

Ah, didn't know they'd done away with that in much of the US. Its still valid in Canada.