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MMLU / On January 1, a manufacturer of widgets received an e-mail from a widget…

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question

On January 1, a manufacturer of widgets received an e-mail from a widget distributor about purchasing widgets. The manufacturer sent the following returh e-mail: "Have 1,000 widgets available at $10 each for February delivery. Be advised that this offer will remain open until February 1. "On January 31, the distributor sent the following fax to the manufacturer: "Your offer is hereby accepted, but request delivery of 500 widgets in February and 500 widgets in March. " The manufacturer received the fax the same day, but did not respond. Which of the following is the most accurate statement regarding the legal effect of the distributor's January 31 fax?

choices

  1. It constitutes a counteroffer, because it contains different terms from those contained in the original offer.
  2. It constitutes a rejection, because the offer implied limited acceptance to the terms contained therein.
  3. It creates an enforceable contract with delivery of 500 widgets in February and delivery of 500 widgets in March.
  4. It creates a reformation integrating the terms of both writings.

subject

professional_law

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