1. Did DS make a valid offer on Monday? Why or why not? Name a case to support your answer.
2. Were the terms definite enough to constitute an offer? If not, what term was missing?
3. Was DS’s revocation on Tuesday an effective termi-nation of its Monday offer? Explain your answer.
4. Assume that a contract exists between the parties. What source of law governs the contract? Why?
5. Assume that a contract exists between the parties but that the owner of Quick was under the influence of a mind-altering prescription drug at the Monday meeting, although she was acting and speaking in an ordinary manner. Will the owner of Quick be successful in a claim that the contract is void due to her incapacity? Name a case to support your answer.
On Monday, the owner of Quick Oil Change (“Quick”) has a breakfast meeting with the owner of Digital Solutions (“DS”) to discuss DS’s proposal to provide digital consulting services for Quick over a period of two years. The parties discuss price, services to be provided, hardware and software to be purchased, and the timeline to implement the services. When Quick asks DS to lower the price, DS takes out an index card and writes down the following:
- 5 tablet computers (inc. software): $1,500
- 2 years of Gold Package of Services: $5,000 (10% discount)
Quick reads the card and says, “Great. I like this price much better. Let’s get started.” The two shake hands and leave the meeting. On Tuesday, Quick receives the following e-mail from the owner of DS:
Due to our commitment to a larger customer, I must revoke my offer of yesterday.
