Michael needed some money. To raise money, Michael offered to sell his Apple Iphone to his friend Danny. Michael stipulated in his offer that if Danny wanted to buy the Iphone, he had to send a picture postcard of The Empire State Building on his, Michael¿s birthday, July 5 containing his written acceptance. Danny worked as a computer troubleshooter. At this particular time, he was so busy, he did not remember that he wanted to accept Michael¿s offer until late the evening of July 4. So on July 5, Danny telephoned Michael and said he accepted her offer to sell the Iphone, but that he had forgotten to send the card. Is there a contract? Explain.

In my opinion, there is no contract unless Michael agreed to waive her (?) condition that the offer could only be accepted in a specific way.  There would be a contract, however, if Michael decided to accept Danny's noncompliant acceptance of her (?) offer (which could be deemed a "counteroffer"), either by saying so ("Great, we have a deal") or by performing (e.g. by sending her Iphone to Danny).  In other words, it is Michael's choice.  The offeror has the right to set the terms of the offer.  Leaving aside the other requirements, the requirement of a writing is generally considered important.  Moreover, although it may not seem material whether the offer was accepted in the particular way that Michael specified, it may have been material to her.