Question

Polyquan, Inc. emails a dozen companies, offering to sell them 100 sweatshirts in either blue, red, orange, black, or green. The sweatshirts are $6 each. Shirts-A-Lot Clothing emails back, "We accept your offer of 100 sweatshirts for $6 each. No orange sweatshirts." Bespoke Tourism emails back, "We accept your offer of 100 sweatshirts for $6 each on the condition that you do not include any orange sweatshirts." Does Polyquan have a contract with either company?

Answer 1

Polyquan offered its products to both companies, Shirts-A-Lot and Bespoke Tourism, but it only has a valid contract with Shirts-A-Lot.

Shirts-A-Lot accepted Polyquan's offer, therefore there is a binding contract between them. Clothing since its offer was accepted.

Bespoke Tourism didn't accept Polyquan's offer, since they introduced modifications to the offer. Those modifications make the email a counter-offer.

The phrase "... on the condition..." makes the difference.