Question

Acceptance. Amy Kemper was seriously injured when her motorcycle was struck by a vehicle driven by Christopher Brown. Kemper’s attorney wrote to Statewide Claims Services, the administrator for Brown’s insurer, asking for "all the insurance money that Mr. Brown had under his insurance policy." In exchange, the letter indicated that Kemper would sign a "limited release" on Brown’s liability, provided that it did not include any language requiring her to reimburse Brown or his insurance company for any of their incurred costs. Statewide then sent a check and release form to Kemper, but the release demanded that Kemper "place money in an escrow account in regards to any and all liens pending." Kemper refused the demand, claiming that Statewide’s response was a counteroffer rather than an unequivocal acceptance of the settlement offer. Did Statewide and Kemper have an enforceable agreement? Discuss.

Answer 1

Answer:

In the clarification section down, the definition including its concern is mentioned.

Explanation:

In terms of strategy, two important components necessarily entail an "Agreement."

• Offer
• Acceptance

Step 1: Approval + Bid = Agreement

Step 2: Agreement + Enforceability = Contract.

• Throughout water to establish a legal Arrangement or Contract, those would be the two underlying equations to be met.
• Going to come to something like the case's reality, The counsel for Kemper addressed to Statewide Claims Management, Brown's insurance company agent, calling for "all the premium money something which Mr. Brown seems to be under his insurance contract."
• Statewide decided to send the document and perhaps freedom of the individual to Kemper throughout reaction to the aforementioned request, however, they pointed to Kemper's current requirement that she should put money during an emergency fund concerning anything and everything outstanding liens.
• Kemper disagreed with all of the above assumptions as well as denied the proposal, arguing that perhaps the response from Nationwide was a counteroffer. If we correctly examine the aforementioned situation, without even any discussion, we will realize that it is indeed a pure "Counter Bid."
• Why whenever the offender becomes encouraged with just 2 choices, YES/NO, whenever an Offeror makes an object to something like the Offeree. and then when the promise offers a conditional response, it destroys the initial offer so it corresponds to Counter Offer.
• In quite a similar manner, the Nationwide reaction to Kemper's letter here alone leads to "Counter Bid" and becomes an Absolute acceptance, but not. i.e., there is no approval of an invitation, and no deal remains.

There is, however, no "Acceptance" to either the original Bid, and therefore no binding mediation agreements between Nationwide and Kemper have been established.