Question: On November 15 Jamison owner of Rand Corporation phoned McBee

On November 15, Jamison, owner of Rand Corporation, phoned McBee, owner of AMD Consultants, and offered to hire McBee to design a computer system for Rand’s technology department. Jamison offered to pay $ 100,000 dollars for the job but required the acceptance to be in writing and the acceptance received by him ( Jamison) no later than November 30. On November 30, McBee faxed a written acceptance to Jamison. Jamison’s office was closed on November 30, and McBee’s fax was not seen until December 1 ( the next day). McBee’s acceptance read as follows: “I accept your $ 1,000,000 offer.” On December 2, Jamison sent a signed memo to McBee rejecting McBee’s November 30 fax but offered to hire McBee for a $ 75,000 fee. McBee telephoned Jamison on December 3 and orally accepted Jamison’s December 2 offer. Answer the following questions true or false and give a reason for each of your answers:
a. McBee’s November 30 fax was not an acceptable method of acceptance.
b. McBee’s November 30 fax was effective when sent.
c. McBee’s acceptance was not valid because it was received after November 30.
d. Jamison’s receipt of McBee’s acceptance created a voidable contract.
e. If McBee had rejected the original offer by telephone on November 27, he could not legally accept the offer later.
f. McBee’s November 30 fax was a counteroffer.

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  • CreatedSeptember 15, 2015
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