Tommy posted a flyer on the bulletin board of a local music school, stating that he was hosting an event next month, for which he planned to hire a DJ. The flyer invited interested students to contact him with their hourly rates and three past clients whom Tommy could contact for references. The flyer also gave a local mailing address for this purpose. Leaving class one night, Gina happened to notice the billboard. She immediately wrote to Tommy indicating that she was available on the date in question, and that her hourly rate was $150. She also listed the names and contact information of three prior clients. Three days later, Tommy wrote back to Gina, stating that her references had all given excellent reviews, and asking whether Gina would be willing to work for $100 per hour if he advertised her services in the program provided for the event. Student received the letter the day after Tommy sent it, and wrote back the next day that she would be willing to drop her rate to $125 per hour plus the advertisement, but no lower. Four days later, having received no response, Gina called Tommy on the telephone to say that, because the event was only about two weeks away, she had assumed that Tommy had decided to use another DJ. For that reason, Gina had booked another client for the same day and time as Tommy’s event. Tommy said, “No, I sent you a letter yesterday accepting your terms—you haven’t received it yet? We have a contract, and I will expect you to perform at my event!” (Assume that Tommy really sent the letter when he said he did, and that he can prove it in court.) Later that day, Tommy’s letter arrived in Gina’s afternoon mail. Tommy has filed a breach of contract claim against Gina and asked the court to order Gina to perform at his event. Gina argues that she and Tommy are not in a binding contract, because Tommy waited too long to respond to her, and she withdrew her offer before Tommy accepted it. Questions Is Gina’s argument correct?
Tommy posted a flyer on the bulletin board of a local music school, stating that he was hosting an event next month, for which he planned to hire a DJ. The flyer invited interested students to contact him with their hourly rates and three past clients whom Tommy could contact for references. The flyer also gave a local mailing address for this purpose.
Leaving class one night, Gina happened to notice the billboard. She immediately wrote to Tommy indicating that she was available on the date in question, and that her hourly rate was $150. She also listed the names and contact information of three prior clients. Three days later, Tommy wrote back to Gina, stating that her references had all given excellent reviews, and asking whether Gina would be willing to work for $100 per hour if he advertised her services in the program provided for the event. Student received the letter the day after Tommy sent it, and wrote back the next day that she would be willing to drop her rate to $125 per hour plus the advertisement, but no lower.
Four days later, having received no response, Gina called Tommy on the telephone to say that, because the event was only about two weeks away, she had assumed that Tommy had decided to use another DJ. For that reason, Gina had booked another client for the same day and time as Tommy’s event. Tommy said, “No, I sent you a letter yesterday accepting your terms—you haven’t received it yet? We have a contract, and I will expect you to perform at my event!” (Assume that Tommy really sent the letter when he said he did, and that he can prove it in court.) Later that day, Tommy’s letter arrived in Gina’s afternoon mail.
Tommy has filed a breach of contract claim against Gina and asked the court to order Gina to perform at his event. Gina argues that she and Tommy are not in a binding contract, because Tommy waited too long to respond to her, and she withdrew her offer before Tommy accepted it.
Questions
- Is Gina’s argument correct?
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