Contracts and Sales Multistate Bar Practice Exam

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Prepare for the Contracts and Sales Multistate Bar Exam with our comprehensive quiz, featuring flashcards and multiple choice questions. Each question comes with hints and explanations to enhance your learning. Get ready to ace your exam!

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What happens if an offer is made to a specific individual and that individual dies?

  1. The offer still stands for their heirs

  2. The offer lapses automatically

  3. The offer can be accepted by anyone

  4. The offer is valid until the estate is resolved

The correct answer is: The offer lapses automatically

When an offer is made to a specific individual and that individual dies, the general rule in contract law is that the offer lapses automatically. This rule is based on the principle that an offer is personal to the individual to whom it is made. If that individual is no longer able to accept the offer due to their death, then the offer cannot be accepted by anyone, including their heirs or representatives. While certain rights or obligations may be transferred through an estate, the uniquely personal nature of an offer means that it does not extend beyond the life of the offeree. As a result, once the individual dies, the legal basis for the offer ceases to exist, and it no longer can be accepted. This standard helps to ensure clarity and finality in contractual relationships, aligning with the expectation that personal offers are intended for the specific individuals to whom they are addressed. In contrast, the other options suggest scenarios that misinterpret the nature of personal offers. The idea that the offer stands for the heirs presumes a transferability that does not apply here. Similarly, the notion of acceptance by anyone overlooks the requirement of personal acceptance, and the concept of validity until the estate is resolved inaccurately implies that the offer endures beyond the life of the off