Question

Max emailed Jacob offering to sell him a diamond ring for $400. Upon receipt of the offer, Jacob immediately emailed back, "I don’t have $400. I’ll give you $300." Max replied, "That’s not high enough." Jacob then e-mailed his acceptance agreeing to pay $400. Max refused to sell the ring to Jacob. Which of the following statements is true?

A. There is no contract
B. Jacob's first response to Max is a counteroffer
C. Both A and B are true
D. There is a contract as Max accepted Jacob's offer

Answer 1

Answer: The correct answer is A. There is no contract.

Step-by-step explanation:

In this scenario, Max's initial offer was to sell the diamond ring for $400. Jacob's response of offering $300 is considered a counteroffer, as he proposed different terms than the original offer. Max then rejected Jacob's counteroffer by stating that it was not high enough. At this point, no agreement had been reached between the parties. Jacob's subsequent acceptance of the original offer for $400 does not form a contract because Max had already refused to sell the ring to Jacob. Therefore, there is no contract between Max and Jacob