Battle of the Forms (UCC 2-207)
Essays were Battle of the Forms is raised.
FYLSX
June 2020
Q2
A
June 2016
Q2
A
June 2014
Q4
A
B
June 2012
Q1
B
CBX
February 2016
Q6
B
CALI Classcaster: podcasting and blogging for legal education
Essays were Battle of the Forms is raised.
Q2
A
Q2
A
Q4
A
B
Q1
B
Q6
B
§ 48 Death or Incapacity of Offeror or OffereeAn offeree’s power of acceptance is terminated when the offeree or offeror dies or is deprived of legal capacity to enter into the proposed contract.
However, both barbi and CALI discuss how irrevocable offers (e.g. options) don’t terminate in this situation. I decided to look up the caselaw. It’s likely that most jurisdictions track to California on this issue.
“An option is an offer and if it is without consideration, it is revoked by the death of the offeror prior to acceptance. *452 If consideration is given, it is a contract binding upon the offeror and upon his successors in interest after his death. See case cited in 6 Cal.Jur., pp. 48–53, §§ 27, 28, 29; Williston, Contracts (Revised Ed.), §§ 61, 62; Cal.Civ.Code, § 1587(4).” (Bard v. Kent (1942) 19 Cal.2d 449, 451–452 [122 P.2d 8, 10])
So an irrevocable offer does not terminate by operation of law in the case of death or incapacity. A successor in interest can be the decedent’s estate, etc.
One of my students found this and said they found it extremely helpful. The case it uses as an example, Lucy v. Zehmer, a foundational case for formation, and one of the things we cover in week 2.