A court will likely find that Rhapsody did not breach a contract. HyunA contacted Rhapsody, the famous American choreographer, by email in an attempt to solicit her services. HyunA specifically asks, “Can I get 5 hours of popping lessons with you for $5000 on Wednesday”? Rhapsody responds to HyunA’s email stating, “I’m busy on Wednesday, but we can do it on Thursday. Deal.” Thursday arrives and HyunA shows up to Rhapsody’s studio, but she is not there. HyunA then contacts Rhapsody questioning her whereabouts. Rhapsody responds that when she did not hear back from HyunA, she made other plans. The issue at hand involves a close analysis of consent, and its factors involving offer and acceptance.
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
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