Highlights
Task:
up to fifteen (15) points. Please format your answers according to the instructions provided with the exam. 1) On June 1, Maureen sent a letter by overnight express mail to Joel that offered to sell 10 000 shares in Tadpole Inc (a computer software company) for $5 each. Her offer said that if Joel was interested he should send an email to accept right away. On June 3, Tadpole Inc publicly announced that its engineers had perfected a new technology that would revolutionize the electronic commerce industry. On June 6, Joel returned from his cottage and learned of both Maureen's offer and the price of Tadpole Inc shares. He promptly tried to email his acceptance but the system was down. So late that night he called Maureen's office and left a message stating, "I accept your offer. I will pay a total of $50 000 for 10 000 shares in Tadpole Inc." and he would send his signed acceptance by overnight express mail. After the call, he proceeded to sell 100 shares in stock in Apple Computers to pay for it. By June 7, the price of a single share in Tadpole had increased to $100. Before heading into the office, Maureen immediately emailed Joel a letter confirming that her offer had lapsed and was not valid. On June 8, Apple announced its new IPhone and its stock immediately increased by an additional $300 per share. Due to a postal problem, Maureen received Joel's letter accepting the contract on June 8 which was one day later than expected. On June 9, Joel 's email system was finally fixed and he received Maureen's email withdrawing her offer. Maureen refuses to sell Joel the Tadpole stock. Should Joel sue Maureen for breach of contract? If so would he be successful and what are his remedies? Can Joel recover even if he would not be successful for breach of contract? 2)
Gigagar Inc manufactures computer components. It wants to develop a new line of product, but realizes that it cannot do so without a complicated device known as a "digital phalange finger." It has tried to design that devise itself, but has failed. It therefore sent a letter to Katenben Ltd, another high-tech company, that said: "We have tried to design a digital phalange finger but have failed. We are willing to pay $100 000 for the design of a digital phalange finger. You will have our full co-operation and support." Katenben Ltd responded by saying that it believed that it might be able to design the device. It also indicated that it could not guarantee its results but said that it was still willing to commit itself to the potentially impossible project. Gigagar Inc then wrote back in a letter that said: "We understand your concerns. We do not require any guarantee of success. We also appreciate that, given the complexity of the project, you may decide to drop the matter after some preliminary investigations. Nevertheless, our offer stands–we are willing to pay $100 000 if you successfully design a digital phalange finger." Katenben Ltd spent the next six months communicating with Gigagar Inc and spent more than $75,000 trying to design the device. As it neared successful completion, Katenben Ltd. told Gigagar that it was close to finishing but would need an additional two months to complete its work. Gigagar Inc. said, "Ok", however, thirty days later, Gigagar Inc announced that its own engineers had experienced an unexpected breakthrough and had successfully created a digital phalange finger. Gigagar Inc therefore told Katenben Ltd that its offer of $100 000 was revoked. Three days after Gigagar Inc.'s announcement, Katenben Ltd also successfully produced a working digital phalange finger. It now demands payment of $100 000. Gigagar Inc. refuses.
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