On November 1, Yost sent a telegram to Zen offering to sell a rare vase.  The offer required that Zen’s acceptance telegram be sent on or before 5:00 P.M. on November 2. On November 2, at 3:00 P.M., Zen sent an acceptance by overnight mail. It did not reach Yost until November 5. Yost refused to complete the sale to Zen.  Is there an enforceable contract?
A. No, because the offer required receipt of the acceptance within the time specified.
B. No, because Zen did not accept by telegram.
C. Yes, because the acceptance was made within the time specified.
D. Yes, because the acceptance was effective when sent.
Answer:B
B is corrent. Normally, an acceptance is considered to be effective when sent by the offeree under the UCC as long as the acceptance was sent by a reasonable method. This rule can be changed if so stated in the offer. In this situation, Zen did not accept by the means specified in the offer and, therefore, the acceptance was not effective when sent and a valid contract was not formed.
A is incorrect. The offer did not require receipt of the acceptance within a specified time but rather that the acceptance by telegram be sent by a specified time.
C is incorrect. Although acceptance was sent within the time specified, the correct means was not used.
D is incorrect. Normally, an acceptance is considered to be effective when sent by the offeree under the UCC as long as the acceptance was sent by a reasonable method. This rule can be changed, however, if so stated in the offer.