Mario and Bongo are computer programmers in different divisions at the same company.Mario knows that Bongo's wife is pregnant for the first time and has just learned that she will be having triplets.Mario sends Bongo a signed,written memo offering to sell his minivan to Bongo for $12,000.Realizing that this is a good deal,Bongo responds with a signed letter saying that he'll take the minivan for $12,000,but that is premised on Mario giving the interior a thorough cleaning.Mario never responds in any way to the statement about the cleaning,but Mario and Bongo have several additional communications regarding details of payment,transfer of title,etc.When they meet to exchange money,keys,title,etc.,Bongo refuses to go through with the deal because the interior has not been cleaned.Which of the following is true in this situation?
A) Because the change in Bongo's acceptance was not a material change, Mario has duty to clean the minivan.
B) There is an enforceable contract for the sale without a duty to clean the van.
C) A court would likely order specific performance for Mario to clean the minivan.
D) There is no contract because the response contained terms different from the offer.
E) The written confirmation rule means that Mario has a duty to clean the minivan.

Question

Quizplus · Accepted Answer

Bongo's response contained an additional request for cleaning the minivan, but it was not a material change that would invalidate the contract. Mario's lack of response to this request does not mean that there was no contract, as they continued to communicate about other details of the sale. Therefore, there is an enforceable contract for the sale without a duty to clean the van.

Mario and Bongo Are Computer Programmers in Different Divisions at the Same