Question

Stewart and Kellie are art students. Stewart told Kellie that he would sell her his art supplies for $250. If he did not hear back from Kellie by the end of the month, he would assume that she wanted to buy the supplies. If Kellie later refuses to purchase the supplies, can Stewart win a breach of contract lawsuit against Kellie?

Select one:

a. Yes, because Kellie did not respond; therefore, her silence indicated her acceptance of the offer.

b. Yes, because Stewart did not sell the art supplies to anyone else.

c. No, because there was no mutual assent between Stewart and Kellie.

d. No, because Stewart failed to provide a detailed description of the art supplies.

Answer 1

The answer is C- No, because there was no mutual assent between Stewart and Kellie.

Both contracts have certain elements to be considered valid, whether oral, written or implied.

An offer and acceptance must be made if one party offers an agreement and supports the other party.
To exchange for the deal, all parties must give up something.
Anything that is discarded must have a real value.
Mutual consent must be issued.