ContractsIntermediateDelaware Exam

In Delaware, what is a 'counter-offer' and what effect does it have on the original offer?

AA counter-offer modifies specific terms but leaves the original offer intact
BA counter-offer rejects the original offer and creates a new offerCorrect
CA counter-offer is a conditional acceptance
DA counter-offer requires 24 hours for response

Why A counter-offer rejects the original offer and creates a new offer Is Correct

Answer B: A counter-offer rejects the original offer and creates a new offer

A counter-offer in Delaware rejects the original offer (the original offer is dead) and proposes new terms. The roles of offeror and offeree are reversed, and the original offeror may now accept, reject, or counter the counter-offer.

Exam Tip: Contracts

Contract questions frequently test the essential elements required for a valid contract. Remember: competent parties, mutual consent, lawful object, and sufficient consideration. Watch for void vs. voidable distinctions.

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