Falconer v. Mazess: Difference between revisions
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Lost Student (talk | contribs) (Created page with "''Falconer v. Mazess'', 168 A.2d 558 (Pa. 1961). '''Facts''': Offeror made an offer that required acceptance within 5 days. Offeror withdrew offer after Offeree dispatched his a...") |
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Latest revision as of 23:02, October 21, 2011
Falconer v. Mazess, 168 A.2d 558 (Pa. 1961).
Facts: Offeror made an offer that required acceptance within 5 days. Offeror withdrew offer after Offeree dispatched his acceptance, but prior to Offeror received acceptance.
Issue: Was a contract formed?
Holding: Yes, acceptance was made prior to withdrawal of offer.
Rule: Mailbox Rule:
- Offer did not specify mode of acceptance (Mail was acceptable)
- The five day period did not begin until receipt of the offer.
- The Offeror could have specified "within 5 days of date of letter," but failed to do so.
- A contract was formed upon acceptance, which occurred when dispatched (mailed) by Offeree.