Robert makes an offer to purchase a commercial building in Baton Rouge. Before the seller responds, Robert dies in an accident. The seller, unaware of Robert's death, signs and returns the acceptance to Robert's estate. Under Louisiana Civil Code principles, what is the status of the offer?
Correct Answer
D) The offer lapses upon Robert's death, and the seller's acceptance creates no contract
Under Louisiana Civil Code Art. 1934, an offer lapses if the offeror dies before the offer is accepted. Robert's death before the seller's acceptance caused the offer to lapse automatically. The seller's subsequent acceptance — even if made in good faith without knowledge of the death — has no legal effect because there was no longer a valid offer to accept. No contract was formed.
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Related Topics & Key Terms
Key Terms:
Related Concepts
A purchase agreement is a legally binding contract between a buyer and seller that outlines the terms and conditions for the sale of real property. It is also commonly called a sales contract, purchase and sale agreement, or earnest money agreement.
Specific performance is a court-ordered remedy that compels the breaching party to fulfill their obligations under the contract rather than simply paying monetary damages. It is an equitable remedy used when monetary damages would be inadequate.
The Statute of Frauds is a legal requirement that certain types of contracts must be in writing and signed to be enforceable. In real estate, all contracts for the sale of land or interests in land must be in writing.
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