Mariposa Middle School is in need of more sports equipment so a school administr
ID: 462337 • Letter: M
Question
Mariposa Middle School is in need of more sports equipment so a school administrator contacts Kiko’s Sporting Goods. The administrator speaks to Kiko herself, and Kiko offers Mariposa 15 percent off its order. Kiko tells the administrator she can order whenever she is ready and still enjoy the discount. Kiko faxes the administrator a handwritten note that reads “Pursuant to our conversation, I hereby grant Mariposa Middle School a 15% discount off the final sales price of their purchase. Offer good for one use only. Offer open for the next 5 months. Signed, Kiko” The administrator tries to use the discount four months later but Kiko says she has revoked the offer. What result?
a. The offer will not be enforced because the offer is open too long. b. The offer is governed by the UCC and will be enforced because it is signed and in writing. c. The offer will be enforced because the terms are definite. d. The offer will not be enforced because the administrator is not a merchant.
Explanation / Answer
There was a contract in writing between the KIKO and the administration of the school. It was in writing and signed. We can see that such an offer has been clearly communicated and been received by the administration. Revocation of offer means simply the withdrawl of the offer by KIKO.
Revocation of offer can take place only if offer has not been accepted by the offerree. Here it is very clear that offer has been accepted by the Administration.
An offeror can revoke an offer before it has been accepted by the offeree but such revocation must be communicated to the offerree. Here KIKO has not communicated the revocation to Administration before it could be accepted.
Thus the offer is governed ny UCC and will be enforce because it is signed and in writing. (B)
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