QUESTION
Does the following scenario establish a contract that can be upheld in court? B owes A money on 2 judgments. A offers to accept a settlement for the 1st judgment. A sends letter to B that says "if you pay the first judgment I will then give you the opportunity to settle the second judgment for $X." B pays the first judgment and then without any further discussion mails payment for the second judgment. Was a contract established such that A is now obligated to accept that second payment?
Asked on Apr 22nd, 2011 on Contracts - New York
More details to this question:
Does the following scenario establish a contract that can be upheld in court?
B owes A money on 2 judgments. A offers to accept a settlement for the 1st judgment. A sends letter to B that says "if you pay the first judgment I will then give you the opportunity to settle the second judgment for $X."
B pays the first judgment and then without any further discussion mails payment for the second judgment.
Was a contract established such that A is now obligated to accept that second payment?
1 ANSWER
Michael Stolzar
It seems to me that an enforceable contract was created because B accepted A's offer by his conduct so that A is now obligated to accept the second payment. This is not intended to be legal advice , and is general in nature. No attorney relationship exists or is formed by this information. furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies,
Answered on Jul 11th, 2012 at 2:28 PM