Posted: June 20th, 2017

On May 1, 2005, Eckerly Realty Inc. mailed a written offer to Masse for the sale of an office building. The offer included an express term that it would expire on June 30, 2005 if the acceptance was not delivered into the hands of the offeror by the expiration date. On June 30, 2005 at 8:00 a.m., Masse sent a written acceptance to Eckerly via Masse’s personal messenger. However, the messenger was not able to deliver the acceptance until July 1, 2005. On July 2, 2005, Eckerly contacted Masse, informing him that the acceptance had been delivered one day late. As a result, Eckerly refused to honor the acceptance. Which of the following is the most correct statement?

On May 1, 2005, Eckerly Realty Inc. mailed a written offer to Masse for the sale of an office
building. The offer included an express term that it would expire on June 30, 2005 if the
acceptance was not delivered into the hands of the offeror by the expiration date. On June 30,
2005 at 8:00 a.m., Masse sent a written acceptance to Eckerly via Masse’s personal messenger.
However, the messenger was not able to deliver the acceptance until July 1, 2005. On July 2,
2005, Eckerly contacted Masse, informing him that the acceptance had been delivered one day
late. As a result, Eckerly refused to honor the acceptance. Which of the following is the most
correct statement?
a. There is no contract between Eckerly and Masse. However, if Masse would have mailed
the acceptance on June 30, 2005, a contract would have been created.
b. There is a contract between Eckerly and Masse. The moment that Masse gave the
acceptance to the messenger, a contract was formed because acceptances are valid
immediately upon dispatch.
c. There is a contract between Eckerly and Masse. The fact that the acceptance arrived only
one day late is of no significance.
d. There is no contract between Eckerly and Masse.