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To Agree or Not To Agree

 


This week, you have been learning about the essential requirements of all contracts. The initial step toward forming a contract is agreement. Agreement has been satisfied when one party makes an offer to a second party and that second party accepts the offer. Consider the following situation:

Johnny and Sally are students at Nononline University. Sally often admires Johnny's iPod in the Business Law class that they take together. One Friday night she decides to send Johnny the following e-mail:

 

"Hi Johnny. You know I just love your MP3 player, all the music that's on it and the playlists you have created. I'd like to offer you $400 for the MP3 player and all the music on it. If I do not hear from you by midnight on Sunday, I'll consider my offer accepted. Thanks. I hope you decide to sell. Sally" Johnny ignores the email and does not respond. Sally and her boyfriend go to Johnny's dorm room Monday afternoon. Sally attempts to give Johnny $400. He refuses the money and refuses to give Sally the MP3 player. Johnny claims that he never accepted Sally's offer. Sally insists that he did and goes to get campus security. Sally's boyfriend waits with Johnny in his room.

 

Based on your reading for this week

Is there agreement and a contract?

With these thoughts in mind:

 

Post a 300 word statement by Wednesday December 14, 2016 that declares whether or not you believe there is agreement in this case and who should legally be entitled to the iPod, as well as the reasons for your determination.

 

 

Support your work with proper APA citations from the Learning Resources and any other sources.

 

 

 

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