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Issues that Need to Be Adressed when Advising Amy About Sleepy Hollow Nursing Home's Assets and Liabilities

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The following are issues that need to be addressed when advising Amy about Sleepy Hollow Nursing Home’s rights and liabilities. The first issue is whether or not Ben’s letter is an offer. “An offer is a statement of the terms upon which the offeror is prepared to be bound if acceptance is communicated while the offer remains alive”. If the offeree understands that the offeror intends to be bound by their proposal, if unequivocally accepted by said offeree, there is an offer. Bens letter contained a quote of $50,000 to do the job with all materials and paints included and he had previously visited the nursing home to give Amy advice about the job. These facts suggest that Ben communicated to the offeree effectively that he had the …show more content…

An offeror can revoke his/her offer any time before it is accepted as long as an option has not been given. This is even if he/she has stated that the offer will remain open for a particular period of time because the offeree has not presented consideration. The revocation of an offer must be communicated to the offeree, but this does not have to be done by the offeror as long as the information given is reliable. Applying this to the facts, no option was given and no consideration was given as Amy merely informed Danny that the deal was “subject to confirmation from the nursing home’s accountant that funds could be transferred by the time required”. The revocation was communicated to Amy before she made her acceptance as she was made aware of it via Delphine’s website. The website acted as Delphine’s agent in a similar manner as Berry acted as Dodd’s agent when informing Dickinson of Dodd’s sale to Allan in Dickinson v Dodds. Due to the facts within the scenario explicitly stating that Amy was aware of the revocation, one cannot counter-argue the method of communication. If this information had been omitted from the facts, Amy’s acceptance would have been valid and Delphine would have been liable for breaching the contract because the revocation of the offer would not have been communicated to Amy

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