Brandon went through a very successful job interview and received the following

Question

Brandon went through a very successful job interview and received the following statement via email:

Dear Brandon,

It was nice meeting you last week. I am excited to be able to offer you the Marketing Analyst job at StartUp Crunch. Your salary will be based on your years of experience as determined by HR. You will find that our salary and benefits package are highly competitive within the industry.

We will have you working out of our San Jose office and report to Gina Firenzi, a supervisor in the marketing department. Your first day will be December 11, 2017.

There will also be a 2-week online training that you need to do within the first six months of the job.

Please let me know if you have any questions and welcome to StartUp Crunch.

- Peter Barker, President of StartUp Crunch

***

Brandon responded with:

I am looking forward to getting situated and have made my appointment with HR, however I was hoping that I could be assigned to the Palo Alto office? I had talked with someone about that during the interview and they said it would be a possibility.

Review the correspondence above. Analyze the following:

1) Is there an offer? Explain

2) Is there acceptance? Explain

3) Is this a formal contract? Explain

Explanation / Answer

1.Yes, there is an offer. An offer is a commitment to do some specified action in the future and the elements that are necessary for an offer are

The intention of the offeror to become bound by the offer: Here President of StartUp Crunch has sent the job offer with an intention to offer the Marketing Analyst job to Brandon.

The terms of the offer must be reasonably certain: The terms of the employment are certain and are mentioned in the offer with office location, supervisor name, training details, the terms on compensation and first day of employment.

The offer must be communicated to the offeree: The offer is communicated to the offeree through email.

Hence the conditions for offer are satisfied and there is a valid offer.

2. Yes, there is acceptance. Acceptance shows the agreement of the offeree to the terms of the offer and it must be unequivocal and communicated to the offeror. Here the response by Brandon is unequivocal as Brandon has accepted the offer by expressing his interest and stating that he had made his appointment with HR for the job. The acceptance can be unequivocal even though there is an element of dissatisfaction. Even though Brandon has asked the possibility of getting employment in Palo Alto office instead of San Jose, he did not present it as a condition and hence it is an effective acceptance.

3. No, it is not a formal contract. A formal contract is a contract that by law requires a specific form or method of creation to be valid, for example the contract that needs to be executed under seal to be valid like checks. Employment contracts are usually based on their substance rather than form and contract law does not mandate the employment contracts to follow specific form which makes it an informal or simple contract.

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