Assignment Task:
On May 1, Angelo wishes to purchase a new Ferrari from Brent's auto dealership for 3 years and $330,000 cash. The two enter into negotiations, and Brent tells Angelo that he has three days to accept via mail.
On May 2, Brent receives an offer from someone else to purchase the car instead for $350,000 and sells it to that person the same day. The same day (May 2), Brent writes a letter to Angelo informing him of this sale, which Angelo receives the morning of May 4. Meanwhile, Angelo sends out his acceptance via mail on May 3 and lets Brent know he will stop by to pick up the car in a week. Angelo's acceptance letter is not received by Brent until May 7.
When Angelo heads to the dealership on May 10 to pick up the car, he is upset to discover that it has already been sold. Angelo sues Brent in California Superior Court for breach of contract. Who wins, and why?
Group of answer choices
Angelo wins, since the parties had definite terms and intent to enter into a bargain, and Angelo accepted using the "mirror image rule" within the time period (manner) prescribed under the offer.
Brent wins, since he wrote Angelo on May 2 notifying him that the offer was withdrawn, and this notification was sent via mail a day before Angelo accepted Brent's offer.
Angelo wins, since his acceptance was sent out on May 3 and he received Brent's letter the next day.
Brent wins, since he can use the excuse/defense of impossibility, as the car was already sold to a third party on May 2 and the subject matter is no longer in his legal possession.