Exercises Business Law – Solutions
Exercise 1
Susan has recently moved to Cologne and is looking for a flat. One day she discovers a piece
of paper on the blackboard of the local discounter “Cologne, Eifelplatz, Studio flat for rent!
Monthly rent: € 400 including incidental rental expenses. Contact Mr. Snow 0765/ 12345”
Susan is quite happy about that offer and calls Mr. Snow. As he is temporarily not available
she leaves a message “ I would like to rent the studio, so I’ll accept your offer”. Bob, Linda
and Martin leave similar messages, too. Who has become party to a rental agreement?
You will have to examine whether Susan (S) and Mr. Snow (M) have concluded a valid
contract.
A contract always requires at least two corresponding declarations of intention, called offer
and acceptance.
Acc. to § 145 BGB “a person who offers to another to enter into a contract is bound by the
offer…..” It must be clear and comprehensible so that the other party can accept it by a
simple “yes”.
Is M’s piece of paper on the blackboard an offer in the sense of § 145 BGB? M put the piece
of paper on the blackboard in order to show that there is a studio flat for rent. Of course it is
also important to know the offeree: who is it? Will this person be able to pay the rent? When
will he / she be able to move? Is that person solvent?…
The question: “ who will become party to the contract?” forms a point of reference. Therefore
