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Schmidt's Death: A Case Study

Decent Essays

A. Schmidt dies prior to Barry’s acceptance, and at the time he accepts, Barry is unaware of Schmidt’s death. According to research, the revocable proposal has ended since “Schmidt death transpired before Barry’s acceptance” (Clarkson, Miller & Ross, 2015). Moreover, the legitimate reason for stopping this “revocable offer is Schmidt and Barry’s” have individual concerns that are not transferable to anyone (Clarkson, Miller & Ross, 2015). This process is pertinent, although Barry was unconscious of Schmidt’s death. Moreover, Barry’s delayed acceptance cannot comprise a contract since Schmidt’s proposal ended the moment he died (Clarkson, Miller & Ross, 2015). B. The night before Barry accepts, fire destroys the equipment. Based upon research, “an offer is automatically expired if the subject matter of the proposal is demolished before” the acceptance; however, Barry’s slow acceptance following the fire will not form a contract (Clarkson, Miller & Ross, 2015). …show more content…

Barry pays $100 for a thirty-day option to purchase the equipment. During this period, Schmidt’s dies, and later Barry accepts the offer, knowing of Schmidt’s death. Once the “proposal is irrevocable,” using an option contract, the death of Schmidt will not end this contract (Clarkson, Miller & Ross, 2015). Furthermore, Barry can accept the proposal to auction this equipment, which ties Schmidt’s estate to carry on. Opting to carry on is no longer private to the offeror, and the heirs or decedents can transfer ownership of the equipment (Clarkson, Miller & Ross, 2015). The licit right of Barry’s acceptance is irrelevant to being unconscious, of Schmidt’s demise and rightfully, the offeree has the permissible rights to force Schmidt’s heirs to buy the equipment (Clarkson, Miller & Ross,

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