Question

On Monday, Tyrion offered to enter into a contract with Eddard for the purchase of some land, which contract would have been valid and would have resulted in a payment to Tyrion of $9,000,000. On Tuesday, Eddard sent a counteroffer to Tyrion by U.S. mail which counteroffer had all the same terms of the original offer, except that the payment term would be $7,000,000. That counteroffer would arrive on Wednesday. Also on Wednesday, however, Eddard changed his mind and so called Tyrion by phone and, during a pleasant conversation, accepted the original offer. Within days, Tyrion then sold the right to collect that money to Cersei. Immediately thereafter, Tyrion sold the right to collect that money to Arya. Is there a contractually enforceable payment term for $9,000,000? Is Cersei able to collect that money? Is Arya?

Answer 1

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Tyrion and Eddard have already entered into a contract of the payment of $9,000,000 on Monday. The offer was made by Tyrion and was accepted by Eddard. But the next day, Eddard sent a counteroffer by mail. It means that the counteroffer has been sent from Eddard’s side. The counteroffer is held valid as soon as it was sent through mail by Eddard. The work is done on the part of Eddard and he is off the responsibility. If Eddard had not called the next day and agreed to the original offer, then the deal would have been set at $7,000,000. But Eddard called the next day and accepted the original offer which means now Eddard has to pay Tyrion $9,000,000 which is the original consideration. Tyrion however delegated his job to collect the money to Cersei. Cersie will now be able to collect the original consideration from Eddard. But, Tyrion immediately transferred the right to Arya. So, Arya will now be a valid third party and will be eligible to collect $9,000,000 as consideration.