to the 1st person to hand to me personally a book, does the offer still stand if the offeree hands it to another person. ie my wife, who then gives it to me?
2006-12-14 02:26:27 · 8 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
this case is merely hypothetical,
but in contract law doesnt the exact terms have to be complied with, as stated in the offer?
2006-12-14 02:31:40 · update #1
Check your Restatement on "Acceptance Varying Offer." The real question is . . . is the "personally" modifier in the offer "of the essence" of the contract? Seems to me it is, therefore your wife would be the one who accepted your offer. And the answer quoting Blackstone . . . sorry, but in most every jurisdiction today a wife is not considered to be the same person, as a matter of law, as her husband.
2006-12-14 02:49:19 · answer #1 · answered by Playboy 2 · 0⤊ 0⤋
If the handoff was specifically for the purpose of getting the item to you, and there is a witness to that transaction, then yes the contract would be viewed as completed and the reward would be owed to the 1st person. However, if your wife does not give it to you then she can be held responsible by the 1st party, consequently making your wife the debtor.
2006-12-14 10:40:57 · answer #2 · answered by Compurednek 3 · 0⤊ 0⤋
If you specifically stated that the reward would be payable if the book is returned to you directly in person and this was not done so, then you could argue that the reward was not payable.
In practice however you'd be considered a bit of an a***ole given that the point of the reward was the return of your book, and it would seem reasonable that leaving the book in the possession of your wife would be sufficient to constitute delivery of the book to you.
2006-12-14 10:34:05 · answer #3 · answered by Benjamin J 3 · 0⤊ 0⤋
As the English jurist William Blackstone famously put it in his Commentaries on English Law (1765-69):
By marriage, the husband and wife are one person in the law: that is, the very being or legal existence of the woman is suspended during the marriage, or at least is incorporated and consolidated into that of the husband: under whose wing, protection, and cover, she performs every thing.
So there is an argument for saying that anyone handing it to your wife is handing it to you, you and your wife being one person in the eyes of the law!
2006-12-14 10:40:13 · answer #4 · answered by Doethineb 7 · 1⤊ 0⤋
Yes, if that person gave it to your wife with the understanding that she would then give it to you. Besides, in the spirit of the agreement, it is the right thing to pay up the reward offered anyway.
2006-12-14 10:28:42 · answer #5 · answered by phoenixbard2004 3 · 0⤊ 0⤋
No, it does not. They must comply completely with your unilateral offer to have a contract; specific performance is required. Also, they must BE AWARE of the offer in the first place.
2006-12-14 10:56:55 · answer #6 · answered by cyanne2ak 7 · 0⤊ 0⤋
Yes, sounds to me your trying to be greedy. shame on you!
2006-12-14 10:29:54 · answer #7 · answered by glamour04111 7 · 0⤊ 0⤋
If you wanted to keep all your windows in tact it would.
2006-12-14 10:37:02 · answer #8 · answered by Tabbyfur aka patchy puss 5 · 0⤊ 0⤋