Offer and Acceptance


Sam Brown, of Hartford Surplus Products, sends an e-mail to his list of 30 customers of surplus electronic products as follows:

"We offer 500 Toshiba 6Gb hard drives, Model 1863, for $40 each for immediate acceptance."

Within an hour of dispatch of the message, Joe Green, of Green Computer Sales, e-mails the reply address on Brown's e-mail, "We accept your offer of 500 Toshiba hard drives @$40. Please ship to our warehouse at 12 Page Street, St. Louis.

Later that day Brown sells the hard drives to White. Green sues Brown for breach of contract. Green has a printout from his computer of the e-mail he received from Brown and the e-mail he sent in reply. As Green's counsel how would you authenticate these two e-mails? What problems would you anticipate in getting the e-mail communications admitted in evidence?

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