A contract is an agreement by two or more parties …show more content…
Consent is established through offer and acceptance. First, HyunA emails Rhapsody asking for 5 hours of dance lessons for $5000 on Wednesday. This statement is an offer. It shows her willingness to enter into a bargain with Rhapsody. Next, Rhapsody responds to HyunA’s email stating that she was busy on Wednesday but Thursday was a deal. This statement is a counteroffer. Rhapsody’s email did not match the terms of HyunA’s offer, but instead offered new terms La. C.C. art. 1943. Rhapsody’s response to HyunA proposes a substituted bargain differing from that proposed by the original offer Restatement (Second) of Contracts § 39. The next event in this sequence is pivotal to the consent analysis. HyunA arrives to Rhapsody’s dance studio on Thursday expecting to receive her sought after dance lessons, without prior acceptance, but Rhapsody is not at her studio. HyunA failed to accept Rhapsody’s counteroffer, thus invalidating the contract. The facts show that HyunA did not even contact Rhapsody via email or other means, but instead showed up on Thursday as if her acceptance to Rhapsody’s counteroffer was supposedly implied. While Rhapsody used the word “deal” in her email, the terms remained contingent upon HyunA’s acceptance. HyunA’s action in making an appearance on Rhapsody’s studio doorstep was not sufficient acceptance. Contracts are not enforceable in such a manner. While acceptance by silence may be applied to special