Business Law

In: Business and Management

Submitted By ryuryu
Words 1740
Pages 7
In December 1999, Wilson applied for Citibank credit card and signed an acceptance certificate in which she agreed to be bound by the terms and conditions of the credit card agreement. Citibank then issued a credit card to her, which Wilson began using. In July 2001, Citibank mailed Wilson her credit card statement, which informed her that it was modifying the terms of the original agreement. This revised agreement was enclosed with the credit card statement. After the July 2001 statement was made to her, Wilson continued using her credit card and made monthly payments on her account balance. Wilson made her last payment to Citibank in March 2002 and failed to make payments thereafter. Citibank then failed suit against her to collect her overdue balance, which was $12,272.84. In this action, Citibank attempted to enforce the revised agreement rather than the original agreement. Wilson argued that she never accepted the revised agreement. Is this a good argument?

Did Wilson agree on the revised agreement?

The elements for acceptance were (1) the offeree intended to enter the contract, (2) the offeree accepted on the terms proposed by the offeror, and (3) the offeree communicated his acceptance to the offeror.

Citibank first must prove that Wilson’s intention to enter the contract. If the offeree objectively indicates a present intent to contract on the terms of the offer for a contract to result, this element is satisfied. Here, since Wilson applied for Citibank credit card, which could be interpreted as the offeree’s present intent from reasonable person’s point of view.

Wilson communicated her acceptance the Citibank by signing.

Citibank also must prove that the offeree accepted on the terms proposed by the offeror. Here, Citibank would argue that they Wilson argued that Wilson continued using the credit…...

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