Acceptance or rejection?, law homework help

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Question Description

For this assignment, read the following scenario, and then follow the instructions for completing the assignment.

Scenario

Bob has received an offer from Mary for lawn care service.

Mary offered, in writing: "Full lawn care for the summer, June, July, and August of this year, for Bob's lawn. This shall include mowing, watering, and spraying for pests and weeds. The price is $35 per week and the work will be done by Mary, John, or both. The offer may be accepted at any time before or during those months verbally, by written acceptance, or by paying the first $35."

Bob wants to accept and will pay $40.00 per week if Mary meets his terms. Bob wants the lawn mowing to be done only on Wednesdays, not before 9 AM, and insists that it be completed by 1 PM each time. Bob considers this essential. He is retired and the noise bothers him. He is gone at those times because on Wednesdays he has a morning coffee group and then goes for lunch at the local senior center.

Requirements

  • Draft a counteroffer on behalf of Bob.
  • Explain the reasons for the changes on the top as "recitals" and then do the rest as briefly as you can.
  • Do it as a complete offer. Do not just type the changes from Mary's offer.
  • After your counteroffer, explain whether this counteroffer is considered an acceptance or a rejection.
  • Use and cite your readings, from the assigned text and the lecture notes.
  • Use both in-text citations in the body of the paper and use a reference page.
  • Explain whether the readings have a complete or only a partial answer.


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Module 03 of PL 142 Contracts, Managing legal relationships Rasmussen College A well drafted counteroffer may help avoid court battles. photo of Monroe Co. Courthouse, Key West, Fl. Courtesy of Kirk Olson April 22, 2017 Copyright Rasmussen, Inc. 2011. Proprietary and Confidential. 2 Mirror image rule • • • • Offers in normal contract law. They ask for total acceptance or total rejection. Any variation from the offer is a rejection. When we study more about the Uniform Commercial Code, we will learn exceptions, but learn the mirror image rule for this module. April 22, 2017 Copyright Rasmussen, Inc. 2011. Proprietary and Confidential. 3 Discussion: Buy and Sell a Lemon • • • • • Think outside the box. Use it to work on drafting. Critique other’s choices with discretion. Show that you value everyone’s attempts. This is about “first try” drafting, so a spirit of encouragement would be helpful. • Be original. Do not copy. • What is meant by the lien on the car? April 22, 2017 Copyright Rasmussen, Inc. 2011. Proprietary and Confidential. 4 Discussion examples • Counteroffer a trade instead of a cash price. • If you are the seller, counteroffer a lower price or an extra item. • Work on terms of the counteroffers. April 22, 2017 Copyright Rasmussen, Inc. 2011. Proprietary and Confidential. 5 Written assignment: Acceptance or Rejection • Make sure you understand why a counteroffer is a rejection and not an acceptance. • Make sure you understand the mirror image rule. • Show you know the basics and show where you got them. • Because there is no specification in the original offer of a day for mowing, Mary may mow any time in the week. • “Reasonableness” governs where the terms are not specified. • Bob wants specifics that would give him priority over other customers and burden Mary more, so he will pay more. April 22, 2017 Copyright Rasmussen, Inc. 2011. Proprietary and Confidential. 6 Recitals and drafting • Explain the purpose of a contract or of changes the drafter wants. • Whereas, Bob is sensitive to noise, and whereas,…, etc. • Counteroffer. Draft Bob’s preferred terms as clearly as you can. Do the counteroffer as a complete offer, not just the changes. April 22, 2017 Copyright Rasmussen, Inc. 2011. Proprietary and Confidential. 7 citing • • • • Citing examples: In-text (in the body of the paper). (Tepper, 2012, p. 25) Full cite for reference page: Tepper, P.R.(2012). The Law of Contracts and the Uniform Commercial Code. Clifton Park, N.Y.: Cengage. • Module 03 Lecture notes, retrieved from Rasmussen Contracts Course . April 22, 2017 Copyright Rasmussen, Inc. 2011. Proprietary and Confidential. 8 writing • Quote: • “Preliminary negotiations are …solicitations and … will not constitute an offer.” (Tepper, 2012, p. 52) • Paraphrase: People can bargain but that isn’t an offer. (Tepper, 2012, p. 52). Many times, students forget to cite paraphrases. It is essential. April 22, 2017 Copyright Rasmussen, Inc. 2011. Proprietary and Confidential. 9 Launch your thinking and type it. • I realize that people might talk generally before really getting down to an actual legal offer. I also see that there would be way too much confusion if we didn’t have the mirror image rule because…. • New, original thinking is the only thing you don’t have to cite. Some instructors even want you to cite your own previous work. If you retake a class, ask! April 22, 2017 Copyright Rasmussen, Inc. 2011. Proprietary and Confidential. 10 ...
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Tutor Answer

Drval
School: New York University

hey, find the assignment attached, thank you, let me know if you need any edits..

Running Header: COUNTEROFFER, ACCEPTANCE AND REJECTION

Counteroffer, Acceptance and Rejection
Institutional Affiliation
Date

1

COUNTEROFFER, ACCEPTANCE AND REJECTION

A counter offer is formed when an offeree makes an offer or provides other terms that
were not included in the former offer. The impact of a counter offer is that it will destroy the
previous offer hence the offeree cannot accept the terms of the original offer since it will no
longer be open for acceptance (Corbin, 1917).
In the case of Hyde v Wretch, the defendant who wanted to s...

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