Reference no: EM133352894

Maggie Bertone was offered a position as director of food service for the East Egg Public School District. She received a written offer of employment on the first of the month with the stipulation that the offer would be in effect until the 15th of the month. If Ms. Bertone were to accept, she was required to sign the employment contract enclosed with the offer and return it to the offices of the public school district before the 15th.Excited about the offer from the East Egg Public School District, Ms. Bertone turned down another job offer with a food distributor at an annual salary of $75,000.00. Ms. Bertone then read through the terms of the agreement with the East Egg School District. After reading the terms of the contract, Ms. Bertone decided the offered salary of $90,000.00 was too low. Accordingly, she adjusted the salary upward in the contract by $5000 and initialed and dated the change on the contract. Ms. Bertone then signed the agreement and mailed the executed document, along with a letter indicating that she was pleased to accept the offer, to the East Egg Public School District's Administrative Offices.

The School District received the correspondence and the signed contract on the 10th of the month. On the 13th of the month, the Superintendent for the District called Ms. Bertone to express his sadness that she did not take the job, at which time Ms. Bertone, realizing the salary change was too high, verbally accepted the job at the original salary offered. The Superintendent advised Ms. Bertone, however, that the District had already offered the position to someone else. Ms. Bertone filed a suit for breach of contract against the School District.

Will Ms. Bertone prevail in her breach of contract action? Why or why not? Explain the potential damages that might be available if Ms. Bertone were to succeed.