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[SOLVED] Sean Brosnan was a high school

[SOLVED] Sean Brosnan was a high school senior. He filled out his applications for college in September of 2016, including an
application for early decision to Queens University. In December Brosnan received a thick packet from Queens, which
included a glossy brochure entitled, “Welcome to Queens.” The first page of the brochure said, “Welcome to Queens!!
We are delighted to have you as a member of the university community! We will be holding a place for you in the class of
2021 if you submit a $200 deposit by January 20. We would remind you that by your application for early decision, you
indicated your commitment that if you were accepted to Queens, you would withdraw any applications that you have filed
to other colleges and universities.”
The brochure included an “Acceptance Coupon” providing that the signer was making a “definite commitment to attend
Queens University during the coming academic year, to withdraw applications from any other colleges and universities, and
to enclose a check for $200.” Brosnan signed the form and sent it with a $200 check to the Queens Admission Office.
He then withdrew his applications from the six other universities to which he had applied.
A few days later he got a phone call from the Director of Admissions at Queens saying, “I’m sorry, we did not intend to
give you the impression that you had been accepted. Your mailing should have been a deferral letter and should not have
included the acceptance brochure. In any case, you had no business sending in a check—we didn’t even send you a letter
of acceptance. We are returning your check.”
Please discuss the questions below using common law contract principles.
Questions:
Topic 1. Has Queens University entered into a contract with Sean Brosnan? Give the legal arguments that can be
made on each side of the issue. Suppose that Queens discovered its error and contacted Brosnan prior to receiving
Brosnan’s acceptance coupon. Would this change your analysis? If so, how and why?
++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
NOTE: Please note that there are three (3) required topics this week (1, 2, and 3). Each requires a main response +
2 participation postings. Thus, by the end of the week, there will be a total of nine (9) postings (3 for Topic 1, 3 for
Topic 2 and 3 for Topic 3). There must be a total of nine (9) postings (three per topic as outlined above), to meet the
minimum requirements to earn a B grade on this Week 6 Discussion conference assignment.



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honeyd


18-09-20 | 13:59:17

Queens has entered into a contract with Sean Brosnan. Brosnan offered to join Queens College, and he
was accepted. The terms of Brosnan’s offer constitute his high school grade which must have been
found to be valid and meet the requirement to join Queens College. The brochure he received enclosed
detailed information showing him that he was accepted and that he should withdraw the application in
other universities. The fact that, Brosnan applied to join Queens and he received information from
queens telling him that he has been accepted constitute an offer and acceptance. This means that
Queens and Brosnan had entered into a contract.
Brosnan legal argument
Offer and acceptance
Brosnan can argue based on the principal of offer and acceptance. This is fully followed in this case as
we can see he applied (made an offer) and he was accepted. This fully constitutes a contract. Besides
that, clearly, it can be seen that Brosnan had an intention of joining Queens and that is why he even
believed that his luck had come to pass by withdrawing the application in other colleges (E-
lawresources, 2017). Brosnan communicated his intention by further agreeing on the terms provided by
signing and sending $200 check.
Queens legal argument
Unilateral mistake
Queens can argue that letter of acceptance was mailed wrongly, and they apologize for the
inconvenience that it might have caused the plaintiff. The mistake was as a result of similarity of the
names of the applicants to the college. Therefore, the mail Brosnan received was intended to another
student who shares the same name as his.

Fraud
Queens can argue that the information provided was based on fraud and that is why $200 check was
required. Queens will need evidence to prove this. This can be done by showcasing other cases and even
providing the evidence on warning they offered (if any).
In case of correction
It depends on who mailed first since in this case, the postal rule will apply. The one who mailed first will
be considered (E-lawresources, 2017). Besides that, Brosnan might have already suffered damages by
withdrawing the application in other colleges hence corrective measures put forward by Queens might
not help him. Therefore, corrective measure is less likely to change my analysis.
Reference
E-lawresources, (2017). Offer and acceptance. E-lawresources.co.uk. Retrieved 7 March 2017, from
http://e-lawresources.co.uk/Offer-and-acceptance-contract.php


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