TheWalrus wrote:Bobby_Axelrod wrote:cnk1220 wrote:
To answer your first Q:
An option K is supported by consideration to keep it open and "un-revocable". So if you're selling me your car and I put down a deposit $100 for your car you can't sell it to anyone else bc now I have an option K supported by consideration. If there's no consideration it's not an option K and you'd be free to sell your car to someone else. So to answer your Q the first guy doesn't have the right to sell it even if second guy says mmm not sure if its an option K because the second guy put down $$$... note even if second guy says "I don't want it" if he's made consideration (i.e. Put down $$$) the first guy can't sell it until the deadline for the option K runs out. This was a barbri Q I remember from the refresher mbe set.
A similar hypo re: tomatoes and lack of option k was the contracts MEE essay Q this past feb.
Re bolded: But, even if it's not an option contract, if offeror sells the car to someone else and does not effectively revoke the offer he made you, and you accept within a reasonable time, offeror would be liable to you, right?
Only if there is no indirect revocation.