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Weekly Bar Question 04/28/08

On November 1, the following notice was posted in a privately operated law school: 

The faculty, seeking to encourage legal research, offers to any student at this school who wins the current National Obscenity Law Competition the additional prize of $500.  All competing papers must be submitted to the Dean's office before May 1. 

(The National Competition is conducted by an outside agency, unconnected with any law school.)  Student read this notice on November 2, and thereupon intensified his effort to make his paper on obscenity law, which he started in October, a winner.  Student also left on a counter in the Dean's office a signed note saying, "I accept the faculty's $500 Obscenity Competition offer."  This note was inadvertently placed in Student's file and never reached the Dean or any faculty member personally.  On the following April 1, the above notice was removed and the following substituted therefore: 

The faculty regrets that our offer regarding the National Obscenity Law Competition must be withdrawn. 

Student's paper was submitted through the Dean's office on April 15.  On May 1, it was announced that Student had won the National Obscenity Law Competition and the prize of $1,000.  The law faculty refused to pay anything. 

Assuming that the faculty's notice of November 1 was posted on a bulletin board or other conspicuous place commonly viewed by all persons in the law school, such notice constituted a  

(A)   preliminary invitation to deal, analogous to newspaper advertisements for the sale of goods by merchants.

(B)   contractual offer, creating a power of acceptance. 

(C)   preliminary invitation, because no offeree was named therein.

(D)   promise to make a conditional, future gift of money. 

 

 

 

 

 

 

 

Answer


Last Updated On: 8/11/08