Alpha Enterprises sent an offer to Omega Enterprises. The offer read as follows: AVAILABLE FOR IMMEDIATE SHIPMENT: 600 WIRELESS NOKIA PHONES - MODEL HCG5321 (THE PHONE FROM "CHARLIE'S ANGELS"). PRICE IS $10 EACH. 30 DAYS, SAME AS CASH. ALL WARRANTIES IN EFFECT. THIS OFFER EXPIRES ON TUESDAY, MARCH 15, 2016. Omega sent the following letter in response on March 14, 2016, via overnight delivery: HAPPY TO ACCEPT YOUR OFFER ON THE NOKIA PHONES. SHIP IMMEDIATELY. There was a major snowstorm that hit the east coast on March 14, 2016, and Omega's letter did not arrive at Alpha's headquarters until March 18, 2016. Alpha had sold the phones to another company. Omega demanded the 600 phones for $10 each claiming that it had accepted the offer in time.
A) Omega is correct; it had valid and timely acceptance and had a contract.
B) Omega is incorrect; the acceptance must arrive for it to be effective.
C) Omega is incorrect; the offeree assumes the risk of the delivery means chosen.
D) Omega is correct, but any damages must be recovered from the overnight shipping company.
E) none of the above

Question

Quizplus · Accepted Answer

Omega's acceptance was sent before the offer expired, and under the mailbox rule, acceptance is effective upon dispatch, not upon receipt.

Alpha Enterprises Sent an Offer to Omega Enterprises