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Jones Was a Caterer and Smith Was a Florist

question 64

Multiple Choice

Jones was a caterer and Smith was a florist. Jones won a contract to provide a banquet for a convention of florists. He wanted to decorate the hall with flowers. He sent a letter to Smith describing what he wanted and asked for a price quote. Smith responded by a letter dated January 5, offering to supply the flowers for $5000. Jones received the letter on January 10 and responded on the same date saying his price was too high and that he would pay $4500. While that letter was in the mail but before it had been received by Smith, Jones learned that the convention was on artificial flowers and the organizers wanted no real flowers on display. On January 13, Jones quickly sent another letter telling Smith to ignore the letter of January 10 and that he wouldn't need any flowers at this time. This letter of the 13th was received on the 18th. Smith had received the letter of January 10 on January 15 and sent his letter of acceptance on the same day, and he had placed orders to his suppliers for the flowers. The letter of acceptance was received by Jones on January 20. Which of the following is true?

Definitions:

Ordinary Care

The level of care that a reasonably prudent person would exercise in a similar situation to prevent harm.

Damaged

Refers to the physical harm or deterioration suffered by goods, property, or reputation.

Lawnmower

A machine equipped with blades for cutting grass on lawns.

Gift Inter Vivos

A gift made voluntarily and without consideration during the giver's lifetime, distinct from a testamentary gift made through a will.