Available for immediate shipment

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Reference no: EM133857307

Question

Refurbished Inc. sent an offer to The Phone Warehouse. The offer read as follows: "Available for immediate shipment: 1,000 iPhone 4s. Price is $49 each. 30 days, same as cash. All warranties in effect. This offer expires on Tuesday, December 31, 2021." The Phone Warehouse sent the following letter in response on December 30, 2021 via overnight delivery: "Happy to accept your offer on the iPhone 4s. Ship immediately." A huge snowstorm hit the east coast on December 30, 2021, and The Phone Warehouse's letter did not arrive at Refurbished's headquarters until January 3, 2022. By then, Refurbished had sold the iPhones to another company. The Phone Warehouse demanded the 1,000 phones for $49 each, claiming that it had accepted the offer in time. Which of the following statements is true of this scenario? a. The Phone Warehouse is correct; it had valid and timely acceptance and had a contract. b. The Phone Warehouse is incorrect; the acceptance must arrive for it to be effective. c. The Phone Warehouse is incorrect; the offeree assumes the risk of the delivery means chosen. d. The Phone Warehouse is correct, but any damages must be recovered from the overnight shipping company.

Reference no: EM133857307

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