Did Jergins accept First Texas;s offer? In the Glossary on page G-15 of Business Law, The Ethical, Global, and E-Commerce Environment (2016), it defines offer as, “A proposal by one person to another that is intended to create legal relations on acceptance by the person to whom it is made.” (Mallor, Barnes, Langvardt, Prenkert, & McGrory, 2016, p. G-15) According to Leagle.com (1986, March 12) Yes, Ms. Yvonne Jergins accepted First Texas offer by completing the entry form and deposited it with First Texas.
Mallor, J.P., Barnes, A.J., Langvardt, A.W., Prenkert, J.D., & McGrory, M.A. (2016). Business Law, The Ethical, Global, and E-Commerce Environment. New York: McGraw-Hill Education.
Legal.com (1986, March 12). FIRST TEXAS SAV. ASS’N v. JERGINS. …show more content…
In the Glossary on page G-19 of Business Law, The Ethical, Global, and E-Commerce Environment (2016), it defines revocation as, “ In general, the recalling or voiding of a prior action. In contract law, the withdrawal of an offer by the offeror prior to effective acceptance by the offeree.” According to legal.com (1986), it states, “If an offer is made, a contract is formulated when the offer is unconditionally accepted. Fail v. Lee, 535 S.W.2d 203, 208 (Tex.App.—Fort Worth 1976, no writ).” According to Legal.com (1986), Ms. Yvonne Jergins accepted First Texas offer the moment that Ms. Yvonne Jergins deposited a completed entry form with First Texas in October 13, 1982. Legal.com states,” "[a] party asserting modification `must prove that his proposed modification was made known to the plaintiff and that the plaintiff acceptedthe terms of his proposed modification.... [I]n order to prove a new contract... it [is] necessary to show that notice thereof was given directly or indirectly, and that plaintiff accepted.'" Stowers v. Harper, 376 S.W.2d 34, 39 (Tex. Civ.App.—Tyler 1964, writ ref'd n.r.e.) (emphasis added).” Once, the acceptance is given, it cannot be revoked unless the proper notice is given to Ms. Yvonne …show more content…
Legal.com states, “Jergins accepted what she was entitled to receive under the contract and patiently waited to see if she would be entitled to any further award. She in no way indicated an acceptance of the attempted modification of the contract. She was entitled to the $80 and four tickets when her name was drawn and First Texas would have had no valid reason to refuse the award regardless of whether Jergins protested the attempted modification. The law requires an acceptance, not a protest.” Yes, Ms. Yvonne Jergins has the right to collect the $5000 money market certificate from First Texas. Mallor, Barnes, Langvardt, Prenkert, & McGrory, (2016p. 360) writes, “The changes in terms of the contest were not made known to Ms. Yvonne Jergins before her win.” First Texas notified Ms. Yvonne Jergins after she won the drawing and are not valid. Ms. Yvonne Jergins has the right to collect the $5,000 Money Market
Mallor, J.P., Barnes, A.J., Langvardt, A.W., Prenkert, J.D., & McGrory, M.A. (2016). Business Law, The Ethical, Global, and E-Commerce Environment. New York: McGraw-Hill Education.
Legal.com (1986, March 12). FIRST TEXAS SAV. ASS’N v. JERGINS. …show more content…
In the Glossary on page G-19 of Business Law, The Ethical, Global, and E-Commerce Environment (2016), it defines revocation as, “ In general, the recalling or voiding of a prior action. In contract law, the withdrawal of an offer by the offeror prior to effective acceptance by the offeree.” According to legal.com (1986), it states, “If an offer is made, a contract is formulated when the offer is unconditionally accepted. Fail v. Lee, 535 S.W.2d 203, 208 (Tex.App.—Fort Worth 1976, no writ).” According to Legal.com (1986), Ms. Yvonne Jergins accepted First Texas offer the moment that Ms. Yvonne Jergins deposited a completed entry form with First Texas in October 13, 1982. Legal.com states,” "[a] party asserting modification `must prove that his proposed modification was made known to the plaintiff and that the plaintiff acceptedthe terms of his proposed modification.... [I]n order to prove a new contract... it [is] necessary to show that notice thereof was given directly or indirectly, and that plaintiff accepted.'" Stowers v. Harper, 376 S.W.2d 34, 39 (Tex. Civ.App.—Tyler 1964, writ ref'd n.r.e.) (emphasis added).” Once, the acceptance is given, it cannot be revoked unless the proper notice is given to Ms. Yvonne …show more content…
Legal.com states, “Jergins accepted what she was entitled to receive under the contract and patiently waited to see if she would be entitled to any further award. She in no way indicated an acceptance of the attempted modification of the contract. She was entitled to the $80 and four tickets when her name was drawn and First Texas would have had no valid reason to refuse the award regardless of whether Jergins protested the attempted modification. The law requires an acceptance, not a protest.” Yes, Ms. Yvonne Jergins has the right to collect the $5000 money market certificate from First Texas. Mallor, Barnes, Langvardt, Prenkert, & McGrory, (2016p. 360) writes, “The changes in terms of the contest were not made known to Ms. Yvonne Jergins before her win.” First Texas notified Ms. Yvonne Jergins after she won the drawing and are not valid. Ms. Yvonne Jergins has the right to collect the $5,000 Money Market