Can an acceptance........, which is invalid because the offer has expired on certain date,...... become a new offer with same terms of the original offeror, which he can accept as a binding contract.????
2007-09-09 09:32:50 · 2 answers · asked by sal l 1 in Politics & Government ➔ Law & Ethics
You can't accept something once the offer has expired.
If I say . . . "If you agree, within the next ten minutes, to pick your nose and eat it, I'll give you ten dollars."
and. . . twelve minutes later, you say, "Ok, I'll pick my nose and eat it."
that's just a statement . . . but, IF you say, "Ok, I'll pick my nose and eat it, IF you give me ten dollars"
and the other person agrees . . . then, you've made an offer, and I've accepted . . .
once it's expired, though -- you can't accept . . . because it isn't there any more. You can't let somebody into your house who has knocked on the door for a week . . . if you open the door a day after they've stopped knocking.
2007-09-09 14:28:10 · answer #1 · answered by Anonymous · 0⤊ 0⤋
More facts would be needed to get the details in this question. But, it would go something like this, Owen says if you get me 300 widgets by Tuesday, I will pay you $300 dollars. Tuesday passes and you have not gotten him the widgets. On Friday, you pull up and have the widgets and Owen accepts them, it can be argued your delivery of the widgets was an offer to sell them to Owen at $300. However, he sends you a check for $250, then is making a further counter offer. If he uses the widgets before sending you the money, you would win as his use would be, in equity, but if he has them and says he will only pay the $250, then the issue is less clear.
2007-09-09 16:45:40 · answer #2 · answered by Songbyrd JPA ✡ 7 · 0⤊ 0⤋