Silence As Acceptance Self-Quiz

 

 

 

 

 

 

 

Sol is an avid classical music fan and he attends the symphony several times a month. He also has a large collection of antique musical instruments that he adds to whenever he can. David, one of Sol’s best friends, is about to go on a vacation to India. Sol calls David and tells him that if David finds an antique sitar during his trip he should buy it and then send it to Sol along with a note stating the price David will sell the instrument for. Sol tells David “if you don’t hear from me within a week, consider the price you state accepted.” David does, in fact, find an antique sitar, which he buys for $800, and, when he returns to the United States, he sends the instrument to Sol with a note indicating that David will sell the instrument to Sol for $1,000. Two weeks later, Sol tells David that he is not interested in buying the sitar. David immediately sues Sol for breach of contract. David will probably:
Choice 1 Win, because he bought the sitar with the understanding that Sol would buy it from him
Choice 2 Win, because Sol did not contact David until two weeks after getting the instrument
Choice 3 Lose, because David should sell the sitar to Sol for the price he paid for it
Choice 4 Lose, because David should give Sol the sitar as a gift
Sol is an avid classical music fan and he attends the symphony several times a month. He also has a large collection of antique musical instruments that he adds to whenever he can. David, one of Sol’s best friends, is currently on vacation in India. While on his trip, David buys several antique sitars, each with unique carvings and decorative elements. When he returns to the United States, David sends the instruments to Sol with a note saying “take a look at these and let me know if you want to buy any of them to add to your collection.” Sol immediately has the instruments stripped, re-varnished, restrung and mounted in cases, which he then places in the show room where he keeps his collection of antique instruments. A month later, Sol tells David that he is not interested in buying the sitars. David immediately sues Sol for breach of contract. David will probably:
Choice 1 Win, because Sol treated the instruments as if he owned them
Choice 2 Win, because Sol did not contact David until a month after getting the instruments
Choice 3 Lose, because Sol did not affirmatively accept David’s offer
Choice 4 Lose, because David should give Sol the sitars as a gift
Sol is an avid classical music fan and he attends the symphony several times a month. He also has a large collection of antique musical instruments that he adds to whenever he can. David, one of Sol’s best friends, is about to go on a vacation to India. Sol calls David and tells him that if David finds an antique sitar during his trip he should buy it and then send it to Sol along with a note stating the price David will sell the instrument for. David does, in fact, find an antique sitar and, when he returns to the United States, he sends the instrument to Sol with a note indicating that David will sell the instrument to Sol for $1,000. Three weeks later, Sol tells David that he will buy the sitar at David’s set price of $1,000. David does not respond to Sol and, one week later, Sol delivers a $1,000 check to David and tries to take the sitar. David informs Sol that he has changed his mind and that he does not want to sell the sitar anymore. Sol immediately sues David for breach of contract. Sol will probably:
Choice 1 Lose, because he did not accept David’s offer within a reasonable time
Choice 2 Lose, because David did not confirm Sol’s acceptance of his offer
Choice 3 Win, because Sol’s acceptance was a counteroffer that was accepted through David’s silence
Choice 4 Win, because Sol accepted David’s offer

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