Klondike Mary V Bert’s Bar Supply Co

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1. The first issue of this case is whether the common law or the UCC applicable. The common law governs all contracts except when it has been modified or replaced by statutory law, such as the UCC. The Uniform Commercial Code (UCC) governed the contracts for the sale and lease of goods. In this case, beer is one kind of goods. Therefore, the applicable law should be the UCC, not the common law.

. According to the objective theory of contracts, intend is the most important element that court looks to in deciding the issue. The theory is that intention to enter into a legally binding agreement is judged by outward, objective facts as interpreted by a reasonable person. In this case, the difference between the usual price ($1,00) and the offer price ($550) within the quantity of tap beer dispenser is unreasonable. Therefore a reasonable man can not believe that would be an offer. There’s no contract between Mary and Bert if we apply the objective test.

. Based on subjective test, Bert’s intention was not to sell with the price $550. They intended to sell at $50. However, the telegraph company has transmitted the wrong number. For this reason, there’s no contract if we apply the subjective test.Write my Essay on Klondike Mary V Bert’s Bar Supply Co for me

4. The common law requires the acceptance must be the mirror image of an offer. The letter of Mary indicated that â€. . shipment must be immediate” . Consequently, according to the common law, this is not an acceptance, this is a counter offer.

5. According to the UCC, when the offeree’s response indicates a definite acceptance of the offer, a contract is formed, even if the acceptance includes terms additional to or different from those contained in the offer. Therefore, the response of Mary is considered as an acceptance.

6. Under regular contract principles, an offer can be revoked at any time before acceptance. There was no definite period stated in the offer. Mary’s acceptance was issued within the same day, therefore, it ‘s a timely acceptance

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