Paralegal

Category - Judgement

On June 1, Art Dealer mailed an offer to Collector. The offer, which was received on June 3, offered to sell a painting to Collector. On the same day he received the offer, Collector mailed an acceptance of the offer to Art Dealer. On June 5, Collector called Art Dealer and told him that he had mailed an acceptance, but was calling to revoke it. On June 6, Art Dealer received the acceptance. Under the Mailbox Rule, an acceptance is effective when mailed. However, an exception exists if a revocation of the acceptance is received by the offerer before the acceptance is received. On the facts above, was Collector’s acceptance effectively revoked?
  1. Yes, because Collector called and told Art Dealer he was revoking his acceptance on June 5.
  2. Yes, because Collector called and told Art Dealer he was revoking his acceptance.
  3. No, because Collector mailed an acceptance on June 3, so the acceptance was effective on June 3, before the revocation.
  4. No, because an acceptance cannot be revoked.
Explanation
Answer: A - Yes, because Collector called and told Art Dealer he was revoking his acceptance on June 5. Answer A is correct because Collector told Art Dealer of the revocation on the day before Art Dealer received the acceptance. Answer B is not correct because it is incomplete in that it does not specify the June 5 date of the revocation. Answer C is not correct because the exception to the Mailbox Rule permits revocation after mailing of an acceptance if the revocation is received before the acceptance is received. Answer D is not correct because it incorrectly states that an acceptance cannot be revoked.
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