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Sally V Andy Case Study

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Sally V. Andy

Offer

Outward manifestation of present contractual intent

Andy told Sally he wanted her keyboard at the cost of $200 but needed to go home and get his truck first and he would be back at 4:00 with money and his truck.

Therefore, Andy has a valid offer.

Acceptance

Unequivocal assent to the terms of the offer.

The facts state that Andy left before Sally could respond to his offer. Since an acceptance is the “unequivocal assent to the terms of the offer,” there’s is no acceptance.

Thus, Sally did not accept Andy’s offer.

Sally V. Betty

Offer

Outward manifestation of present contractual intent

Sally tells Betty that if she can’t sell her gown for $400 by 3:30, that she would like to give it to her for free, as payment …show more content…
At 3:30 Betty called Sally to see if it had been sold and Sally told her “not yet, it looks like it’s yours” To which Betty responds “thanks, I’m going to buy shoes and a purse to match the gown.”

Therefore, Betty has accepted Sally’s offer.

Consideration

A bargained for exchange for legal detriment.

Sally offered to give Betty her gown if the gown did not sell by a specific time. Betty did not exchange anything in return for a promise requiring benefit and detriment. However, Promissory Estoppel may be substituted in this case.

Promissory Estoppel

Promise is enforceable without formal consideration when a promisor has made a promise to a promisee who then relies on that promise to his subsequent detriment.

Betty called Sally to verify that the gown had not been sold, to which Sally responded, “not yet, it looks like it’s yours” Betty told her thanks and let her know that she was going to buy shoes and a purse to match the gown making Sally aware that she was reliant on her promise to give her the gown.

Betty purchased the shoes and purse based off Sally’s promise, to her detriment, which Sally was aware

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