A contract between two parties is valid only if one party accepts a legitimate offer from the other; an offer is not legitimate if someone in the position of the party to whom it was made would reasonably believe the offer to be made in jest.
The principle stated above, if valid, most helps to justify the reasoning in which one of the following arguments?The key part of the principle is that
a legitimate offer is necessary for a valid contract. Therefore, if the only offer made was not legitimate, there cannot be a valid contract.
(A) Joe made a legitimate offer to buy Sandy’s car and Sandy has not rejected the offer. Thus, there was a valid contract.
Incorrect. A valid contract requires acceptance. Merely failing to reject an offer does not establish acceptance.
(B) Kenta accepted Gus’s offer to buy a shipment of goods, but Gus, unknown to Kenta, made the offer in jest. Thus, the contract was not valid.
Incorrect. The principle does not say that an offer is illegitimate merely because the person making it intended it as a joke. What matters is whether someone in Kenta’s position would reasonably believe it was made in jest.
(C) Frank’s offer to buy Mindy’s business from her was legitimate. Thus, if Mindy is a reasonable person, she will accept the offer.
Incorrect. Nothing in the principle says that a reasonable person must accept a legitimate offer.
(D) Hai’s offer to sell artworks to Lea was made in such a way that no one in Lea’s position would have reasonably believed it to be made in jest. Thus, if Lea accepts the offer, they have a valid contract.
Incorrect. The principle says that if an offer would reasonably be viewed as a joke, then it is not legitimate. But the reverse does not necessarily follow: merely showing that the offer would not be viewed as a joke does
not prove that it is legitimate. Also, accepting a legitimate offer is only a necessary condition for a valid contract, not a sufficient one.
(E) The only offer that Sal made to Veronica was not a legitimate one. Thus, regardless of whether Sal made the offer in jest, there is no valid contract between them.
Correct. A valid contract requires acceptance of a legitimate offer. Since Sal’s only offer was not legitimate, that necessary condition cannot be satisfied. Whether Sal actually intended the offer as a joke is irrelevant once we already know that the offer was not legitimate.
Answer: (E)