Business Law Assignment 1 A1 Offer. A2 Revocation. A3 Invitation to treat. A4 Acceptance. B Albert, as the offeror, has right of revocation, which he exercised before receiving the certified check from Claude. Therefore, there is no contract between Albert and Claude. Albert is free to enter into a contract with Sophia. There is no legal weight to the act of Albert redefining performance as the mere receipt (rather than cashing) of the check. A check in itself is not performance; it has to be cashed to count as performance. Thus, the answer to B remains fixed. 2 A contract consists of (1) an enforceable offer that (2) is accepted for (3) consideration and performance. There are, of course, infinite wrinkles to this otherwise elegant...The end:
.....sregard ABC’s intention defense, as what is legally relevant is not any notion of intended representation, but who the drawing is modeled after, and whether such a drawing was done with the implied or express permission of the original model. On these grounds, Wesley is safe. He has the original photograph, and can argue that, both because of his prior relationship with ABC and the fact that water-skiing is a small world in which ABC would be very likely to have seen the photograph (a fact that can be bolstered in discovery, when Welsye’s lawyer can seek evidence that the original image was emailed within ABC, etc.). If the image had been seen by ABC, then the argument that the image’s resemblance to Wesley is coincidental will be vitiated.