Thomas Edison State College
Law 201 Week 4 Assignment 4 - Roginskys Chances of Success - Lamar Smunt, eccentric millionaire
Lamar Smunt, eccentric millionaire, sends Casimir Roginsky, famous portrait artist, a letter offering to pay Roginsky $500,000 to do a portrait of Smunts mother. Roginsky sends back a letter that says: Ive had the misfortune of seeing your mother and would need $750,000 before my artistic sensibilities would allow me to undertake such a harrowing project. Three hours later, after reflecting upon the sad state of his finances, Roginsky telephones Smunt and says: Id be delighted to paint your lovely mother. Destroy my letter without reading it. It was sent by mistake. Smunt disregards Roginskys instructions and reads Roginskys letter when it arrives. He becomes enraged at the insult to his mother and refuses to allow Roginsky to do her portrait. Roginsky files a breach of contract suit against Smunt.
Discuss Roginskys chances of success. Consider the following topics:
Offer and acceptance
When can an offer be accepted?
When can an offer be revoked?
The mailbox rule
Traditional acceptance under the rule and a more modern view under the UCC and the Restatement
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