Case Study $1$

Lamar Smunt, eccentric millionaire, sends Casimir Roginsky, famous portrait artist, a letter offering to pay Roginsky $$500,000$ to do a portrait of Smunt$$s mother. Roginsky sends back a letter that says: $$I$$ve had the misfortune of seeing your mother and would need $$750,000$ before my artistic sensibilities would allow me to undertake such a harrowing project.$$ Three hours later, after reflecting upon the sad state of his finances, Roginsky telephones Smunt and says: $"$I$$d be delighted to paint your lovely mother. Destroy my letter without reading it$.$ It was sent by mistake.$$ Smunt disregards Roginsky$$s instructions and reads Roginsky$$s letter when it arrives. He becomes enraged at the insult to his mother and refuses to allow Roginsky to do her portrait. Roginsky files a breach of contract suit against Smunt.

Discuss Roginsky$$s chances of success. Consider the following topics:

$1.$ Offer and acceptance

$2.$ When can an offer be accepted?

$3.$ When can an offer be revoked?

$4.$ The mailbox rule

$5.$ Traditional acceptance under the rule and a more modern view under the Uniform Commercial Code $($UCC$)$ and the Restatement