Bar Exam (US) Contracts: Question below is based on the following fact situation. Hymie Hendrix ...

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Question below is based on the following fact situation.

Hymie Hendrix owned Meadowlands, a sixtyacre tract located just outside West Grove in Oxford County. Meadowlands included a large family home which was a restored antebellum mansion, complete with tennis court, stables, and a small carriage-house. Hendrix rented the carriage-house to Janet Jopland for $250 per month. On September 3, Hendrix mailed the following letter to Jopland:

"September 2

Dear Ms. Jopland:

In consideration of one dollar, receipt of which is acknowledged, I hereby give you an option for 20 days from the above date to sign a two-year lease at $225 per month, provided you pay two months rent in advance.

/s/ Hymie Hendrix"

Jopland received Hendrix's letter of September 4, but did not read it until September 5. On September 13, Jopland met with Carla Cass, an adjoining landowner, and inquired about renting a cottage on her property. No agreement was reached between Jopland and Cass. On September 18, however, Hendrix was informed by Greta Gossip that Jopland was interested in renting a cottage from Cass.

On September 23, Jopland telephoned Hendrix and said, "I want to give you the $450 and sign the two-year lease as soon as possible." Hendrix replied, "Get stuffed, I heard about your conversation with Cass." Hendrix then abruptly hung up the telephone. On the morning of September 25, Jopland went to Hendrix's home and told him that she wanted to accept his offer and sign the two-year lease. Hendrix responded, "The option's expired. Moreover, I want you to vacate the carriagehouse immediately." At no time after receiving Hendrix's letter on September 4 did Jopland pay him the one-dollar consideration.

Assume for the purposes of this question only that Hendrix's letter expressly gave Jopland an "option" until September 26, and Jopland's statement on September 23, "I want to give you the $450 and sign the two-year lease," did not constitute a valid acceptance. Consequently, when Hendrix told Jopland, "Get stuffed...," was Jopland's power of acceptance thereby terminated?

AnswerChoose the correct answer.Choose all that apply. Correct Partially correct Incorrect Don't Know

  1. A
    Correct Answer
    Yes, because Jopland's communication of assent was not by the same medium (letter) used by Hendrix in making his offer.
  2. B
    Correct Answer
    Yes, because Hendrix's statement was unequivocal notice that he no longer wished to contract with Jopland.
  3. C
    Correct Answer
    No, because Hendrix's letter recited the receipt of one dollar as consideration for the option.
  4. D
    Correct Answer
    No, because an offer in a signed writing that by its terms gives assurance that it will be held open is not revocable for lack of consideration during the time stated.
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