Are either one of these contracts?

Question

Justin owned four speedboats named porpoise, Priscilla, Providence, and Prudence. On April 2, Justin made written offers to sell the four boats in the order named for $4,200 each to Charles, Diane, Edward, and Fran, respectively, allowing ten days for acceptance. Was a contract formed in either c or d? and why?

c. Edward, on April 3, replied that he was interested in buying Providence But declared the price appeared slightly excessive and wondered if, perhaps, Justin would be willing to sell the boat for $3,900. Five days later, having received no reply from Justin, Edward accepted Justin's offer by letter, and enclosed a certified check for $4,200.
d. Fran was accidentally killled in an automobile accident on April 9. The following day, the executor of her estate mailed an acceptance of Justin's offer to Justin.

Answer 1

A contract was formed in c because there was consideration - a certified check was enclosed for $4,200.

There was no contract formed in d because acceptance without consideration (you didn't state that money was sent with the acceptance, so I assume that it wasn't) is not acceptance in the legal sense of the word. Also, the offer was made to Fran while she was still alive and presumably for her use and enjoyment. There is the question of whether Fran authorized the purchase in the event of her death. Her executor may be abusing his authority and misuing the funds from her estate. This is speculation on my part because I don't know what she had in her will.

The answerer below is assuming too much, that the offer remains open to Fran following her death.

There is alot of information not provided in the question. If this is for homework, work through all the options as they expect you to. Next time try to work it out yourself to understand the concepts - after all you won't be able to rely on yahoo answers for your exams.

Answer 2

c. Possibly. The offer would most likely be voidable at Justin's option unless the counter-offer had a time limit on it (this can vary depending on who's laws you are using).

d.Yes. Executors act in the place of the deceased and the acceptance was mailed prior to the 10 day period lapsing.

The above answer would not be applicable since consideration needs to be in the contract, but final performance is not necessary prior to the contract being formed - for that you just need a meeting of the minds based on offer and acceptance.

This is US law by the way.