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Chapter 10
Agreement
VI. Answers to Critical Legal Thinking Cases
10.1 Mirror Image Rule
including paving stones and a fireplace screen worth $100. Montgomery then made a counteroffer
whereby they made many changes to English’s offer, including deleting the paving stones and fireplace
screen from the personal property that English wanted. When English replied, she accepted all of
Montgomery’s changes except that she did not accept Montgomery’s change that deleted the paving
stones and fireplace screen from the deal. Therefore, when Montgomery was selling their house to
enforceable contract was created.” Montgomery v. English, 902 So.2d 836, 2005 Fla. App. Lexis 4704
(Court of Appeal of Florida, 2005)
10.2 Agreement
No. A contract to convey the real property does not exist between Heikkila and McLaughlin. A written
purchase agreements would have created a binding contract for the sale of land. Without a written
acceptance and delivery to the other party to the agreement, no contract was formed. The court of appeals
held that because McLaughlin did not sign or otherwise accept in writing Heikkila’s counteroffer, there
was no contract for the sale of land between the parties. McLaughlin v. Heikkila, 697 N.W.2d 231, 2005
Minn. App. Lexis 591 (Court of Appeals of Minnesota, 2005)
10.3 Solicitation to Make an Offer
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contention that the materials were intended as an offer is unreasonable. This is especially true in view of
the words “YES, Please accept my order” that were printed on the credit-card form, which showed that
United States, 845 F.2d 1576, 1988 U.S. App. Lexis 6055 (United States Court of Appeals for the Federal
Circuit)
10.4 Counteroffer
No, there has not been a settlement of the lawsuit. A valid acceptance of an offer must be absolute and
due to the existence of the settlement was therefore affirmed. Glende Motor Company v. Superior Court,
159 Cal. App.3d 389, 205 Cal. Rptr. 682, 1984 Cal. App. Lexis 2435 (Court of Appeal of California)
VII. Answer to Ethics Case
10.5 Ethics Case
the adage “a contract is a contract is a contract,” at least in this case. There seems to be no equity doctrine
that Dees can raise in this case to save him from the contract he signed. He was an adult who choose not
to obtain legal representation before he negotiated and signed the contract with Saban. Later
developments—the success of the Mighty Morphin Power Rangers—cannot be introduced to change his
contract. Does Saban owe an ethical duty to pay Dees more money? Probably not. When Saban signed the