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First Principles of Business Law |
| Making a contract |
| 4. The third essential element of formation: Sufficient agreement |
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4.11. Acceptance by fax, telex or email |
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Read the facts and the question and then choose the best answer. A writes to B on Monday saying: "I'll sell you 100 slabs of beer at 20% less than my normal price but you must fax or email your acceptance of this offer within the next three days." B attempts to fax his acceptance to A late on Wednesday, but A's fax machine is out of order and the letter of acceptance is only successfully transmitted on Friday. In these circumstances, has B validly accepted A's offer? |
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(a) Yes, the attempt to fax the letter of acceptance on Wednesday was good enough to accept the offer, even though the fax was only finally transmitted on Friday. (b) No, the attempt to fax the letter of acceptance on Wednesday was not good enough to accept the offer, because the fax was not actually transmitted until Friday. |
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