This question should be answered in an IRAC format. Please include all relevant keywords, terms, and phrases when discussing each topic.
Tania owned a law tutoring company and hired Johnny to give bar review lectures during the week of June 10 through June 16. Unfortunately, Johnny came down with the flu and informed Tania, by letter, that he couldn’t teach the bar review courses as scheduled. On June 1, Tania sent the following letter by overnight mail to Ronny, Tommy and Lonny, three other attorney instructors who worked for Tania’s tutoring company:
“Hey, Johnny cannot teach the bar review for the week of June 10 through 16 because he is sick. I need another attorney instructor. Please be at our headquarters by June 9th so I can train you. Our seminar is full, so money isn’t a problem. Thanks! Tania.”
All three letters were identical and were received by the respective attorney instructors on June 2.
Q. Assume for this question only that upon receipt of Tania’s letter on June 2, Tommy promptly sent back a letter by overnight mail:
“I’m coming to your rescue. I know I will make you proud!” After Tommy dispatched the letter, but before Tania received it, Johnny called Tania to let her know that he was much better and that Johnny could teach as planned on June 10. Immediately Tania called Tommy and told him that Johnny was well enough to teach and that Tania no longer needed Tommy.
Tommy sued Tania and her company for breach of contract. Tania’s company asserted in its defense that there was no contract since Tommy never effectively accepted Tania’s offer. Will Tania’s company win on the grounds of this defense?
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Was Tommy’s acceptance effective? If so, can an offeror revoke an offer even after an effective acceptance has been given?
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