Tag (SQ): Counteroffer
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BCL – L1 – SA – Q24 – Contract Law
Back-Talk offers to sell servers to Gatekeeper, who requests faster delivery. Is there a contract?
Question
On May 1, Back-Talk Computer Store offered to sell five (5) computer servers to Gatekeeper Company for $5,000.00 each, delivery to be on May 30. Later that day (May 1), Gatekeeper responded that it would buy the computers only if they were delivered within three business days. Back-Talk notified Gatekeeper the next day, May 2, that it would not be able to deliver the goods within the time requested by Gatekeeper. Which of the following is true regarding Back-Talk’s offer?
A There is no contract between Back-Talk and Gatekeeper.
B Gatekeeper’s additional term became part of the contract, so Back-Talk is obligated to deliver the goods within three business days.
C Back-Talk’s offer was accepted by Gatekeeper.
D Gatekeeper may later accept Back-Talk’s May 1 offer if it is then willing to accept delivery in four weeks.
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