A software developer sends an email to a web designer stating, 'I am offering you $5,000 to redesign my company’s website. If you agree, let me know by sending a signed contract today.' The web designer replies to the email, 'I accept your offer and will send the signed contract next week.' Did mutual assent occur, forming a contract?
No, mutual assent did not occur because the offer lacked a definite price for the redesign services.
Yes, mutual assent occurred because the web designer expressed clear intent to accept the offer in their reply.
Yes, a contract was formed because the developer’s email constituted an invitation to negotiate, and the web designer’s reply solidified the agreement.
No, there was no mutual assent because the web designer did not comply with the method of acceptance stated in the offer.
The correct answer is that no contract was formed because the developer's offer required acceptance by sending a signed contract the same day, which was not done. Mutual assent requires the offeree to meet the terms of the offer, including the method and timing of acceptance. The web designer's acceptance did not conform to the specified timeline for returning the signed contract, meaning no mutual assent occurred. The other answers are incorrect because they ignore the explicit terms attached to the method of acceptance in the offer or incorrectly imply that an informal acknowledgment of the offer is sufficient to form a contract.
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