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Author Question: Under Restatement (Second) of Contracts 89, when can a contract be modified? A) before the ... (Read 18 times)

faduma

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on: Aug 3, 2018
Under Restatement (Second) of Contracts 89, when can a contract be modified?
 
  A) before the contract's effective date
  B) when the contract is fully performed
  C) when unforeseeable changes in circumstances occur
  D) when the parties choose to do so

Question 2

Timothy sends an e-mail to Joe, offering to sell his RV for 25,000. Joe replies that he is willing to consider buying the RV, but he wants the chance to inspect it first. Two days later, Joe inspects the RV and sends Timothy an e-mail agreeing to purchase it for 25,000, and suggests that they meet the following Friday to complete the deal. Timothy replies by e-mail that the date is fine with him. The following day, Joe sends an e-mail stating, By the way, I'd like you to replace the front bumper on the RV, because I noticed it has a pretty bad dent. Is Joe's last e-mail a counteroffer or a modification?
 
  A) a modification, because a contract was formed as soon as Timothy agreed to the delivery date
  B) a counteroffer, because no additional consideration was offered for replacing the bumper
  C) a modification, because no additional consideration was offered for replacing the bumper
  D) a counteroffer, because the deal had not been finalized when the e-mail was sent


juliaf

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Reply #1 on: Aug 3, 2018
Answer to Question 1

C

Answer to Question 2

A


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