Multistate Bar Examination Practice Question

An office supply store mailed a flyer to local businesses advertising a special promotion on paper reams. The flyer stated: 'Paper reams on sale this week for $20 per box, while supplies last.' A business owner saw the flyer and drove to the store, intending to buy 10 boxes. On arrival, the owner discovered the store had sold out of paper. Is the store obligated to provide 10 boxes of paper to the business owner at the advertised price?

  • No, because the contract was not performed within a reasonable time.

  • No, because the flyer is an advertisement, which is generally considered an invitation to deal rather than a binding offer.

  • Yes, because the flyer constituted a clear offer that the business owner accepted by going to the store.

  • Yes, because an advertisement at a specified price creates a contractual obligation to fulfill orders.

Multistate Bar Examination
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