Bates and Cramer vs. Ames
2. Issue:
Assuming the common law is the applicable law, is Bates・s first letter to Ames an acceptance or a counteroffer?
Rule:
Under the Common Law rule for an acceptance, also known as the Mirror
Image Rule, if the terms of acceptance do not ：mirror； the offer, then the acceptance is really a counter offer.
Application:
In Bates・ first letter he wrote ：I will accept the offer if you use putting Green brand sod.； which does not mirror the original offer from Ames under the mirror image rule in the Common Law.
Conclusion:
Under the Mirror Image Rule, Bates・s first letter to Ames did not mirror the offer given by Ames, and therefore would be considered as an counteroffer.
3. Issue:
Assuming the UCC is the applicable law, is Bates・ first letter to Ames an acceptance or a counteroffer?
Rules:
Under the UCC, acceptance does not have to be the mirror image of the
offer. Counteroffer arises only if the words of acceptance are expressly conditional on assent to a new or different term.
Application:
In Bates・ first letter he wrote ：I will accept the offer if you use putting Green brand sod.； which does not contain words expressly conditional on assent to a new or different term.
Conclusion:
Assuming the UCC is the applicable law, then Bates・ first letter to Ames would be an acceptance instead of a counteroffer.
4. Issue:
Is Bates・ July 16 letter to Ames a timely acceptance?
Rules:
Under the common law, not accepting the offer in the specified time can also be considered as rejection by the offeree.
Application:
Bates・ 2nd letter sent to Ames was sent on July 16. It has pass the expiration day Ames has written on her offer posted in the meeting room of the Antlers.
Conclusion: Bates・ 2nd letter sent to Ames was not a timely acceptance.
6. Issue:
Is there a contract between Cramer and Ames?
Rules:
A contract is a mutual agreement between two or more parties which the law enforce in some way. In order for a contact to be formed as a matter of law, one party much make an offer which the other party accepts, and the promises must be supported by consideration.
Both the offeror and the offeree also must have the intention to contract, and the offeree must respond within the specified time or reasonable amount of time for the offer to still be valid.
Application:
Ames offer the service at a discount price on a notice posted in the meeting room of the Antlers, which fulfilled the first element of the [next page]