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This assignment is based on the following scenario. Jane owns a condo, which she lists for sale for $300,000. On April 1, Michael offers Jane $280,000 for the condo. On April 5, Jane has delivered to Michael at his office a form that includes additional terms but does not state a price. At 9 A.M. on April 6, Michael signs the form and gives it to Karla, his administrative assistant, with instructions to mail it. At 10 A.M., Jane calls to tell Michael that the deal is off. The next day, Karla mails the signed form to Jane. When Jane refuses to sell the condo to Michael, he files a suit against her, alleging breach of contract. Jane claims that there was no contract.
1) Is Michael’s April 1 offer of $280k an offer or a counter-offer?
2) Is Jane’s April 5 counter-offer considered definite even without stating a price?
3) What arguments will support Michael’s position?
4) What arguments will support Jane’s position?
5) Explain what a court is likely to decide.