Myra owns a house which she advertises for sale for $400,000. On May 1, Nic offers Myra $380,000 for the house. Myra does not reply immediately, but on May 5, Myra delivers to Nic at his office a form that includes additional terms for the sale of the house, but does not state a price.
At 9:00 a.m on May 6, Nic signs the form from Myra and gives it to Odell, his administrative assistant, with instructions to mail it to Myra. Odell does not mail the signed form on May 6. At 10:00 am, May 6, Myra calls Nic to say the deal is off.
May 7, Odell mails the form signed by Nic to Myra. When Myra receives the signed form from Nic, she refuses to sell the house to him. Nic files a lawsuit against her for breach of contract.
- Which contract law applies to this case: UCC or common law and why? Provide your analysis of each contract law and why the one you selected applies.
- What is the court likely to rule on the breach of contract claim? And why?