Help with 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

c - yes; d- no

Answer 2

Walk through it. Understand the process. Mutual assent to specific terms. Offer and acceptance. Consideration from both parties.

We have consideration, bargained for exchange. Money for boats. The terms are specific, identifying the goods involved. What's the applicable law? Are boats tangible movable goods, under UCC?

Let's look at offer and acceptance. Was there an offer? Was it communicated to specific recipients containing specific terms?

Were those terms accepted by the other party? Remember that different rules apply for acceptance under the UCC vs. common law.

In the first case (c), was the April 3rd communication a rejection of the earlier offer? Was it a counter offer? Again, it matters whether the UCC applies or common law controls.

In the last instance (d), was the offer terminated by operation of law before acceptance? Does the death of Fran terminate the offer, or does it survive? Was there an option holding it open? Again, different rules apply under the UCC from common law.

Giving you the textbook answer won't help you. Think through the process. Understand why the law works the way it does. Good luck.