Case Analysis : ' Bleu ' And Gras '

Identify the facts from the scenario which support your decision on whether or not a contract exists for the purchase of the automobile.

Billy communicates his acceptance directly in response to Choy’s offer. To ensure a contract, acceptance must be unqualified, clear and certain and communicated to the offeror. In this case, these requirements are satisfied and Billy clearly expresses his acceptance, temporarily giving up his study.

I reviewed the case of Mr. Sam Superstar and Dr. Peters, in regards to possible proceedings and to which party would be at fault. I have found that in this case both parties could be found at fault in many different violations, both civil and criminal. Therefore there could be possible proceedings brought against both parties. It shows many aspects, of many, violations of laws. These violations range from simple breach of contract to theft of property. We will need to look into the violations more in depth. Following you will find a summary of my findings.

A bilateral contract comes into existence at the moment promises are exchanged. True, “promise for a promise”

A contract is an agreement that creates obligations that are enforceable by the law. A contract can either be written or spoken. There are elements to a contract that make it valid and binding. This is defined as a clear manifestation of willingness to enter an agreement made by another person with full understanding that their assent to the bargain is an invitation and is concluded. As to whether there was an offer in this case, yes there is an offer. When the salesman offered the buyers time for a test drive and they finally chose and agreed to buy the blue car it was a clear offer.

Danny Davidson sold a single family home to Paul and Priscilla Peterson. A long-term relationship between Danny and Paul is the basis for not including a written agreement. The simple contract was made orally and only included the legal object and the amount to be paid. Danny did not disclose a dispute with his neighbor over boundary lines or include information about a soil subsidence in the front yard he claims not to have known about.

In the event that the buyer breaches this agreement, the seller may keep the buyer 's deposit, but the seller shall be limited to this remedy and only this remedy.

Question 4. 4. (TCO 4) Sandy mails a letter back to Andrea that she has signed; the letter makes reference to a car Andrea has for sale and Andrea’s desired price. When Andrea later delivers the car to Sandy, Sandy returns the car, claiming she does not want the car and that they did not have a contract, so she is not bound to keep the car. Andrea, however, claims they do have a contract and wants to enforce said contract for the price of the car. What standard would the court use to determine whether there is a contract between the parties for the sale of the car? (Points : 25)

Lonergan v. Scolnick tells us that advertisements are simply “manifestations of willingness to enter into a bargain,” but are not meant to “justify another person in understanding that his assent to that bargain is invited and will conclude it,” as offers do (Restatement 2nd §24). Therefore, the advertisement is not considered to be an offer to sell the vehicle at the stated price. Under Common Law, ABC Motors would be able to refuse to sell the car at the mistaken price of $25,000. However, in New Jersey, advertisements for the sale of automobiles are governed by a statute, New Jersey Vehicle Code § 4251, stating, “A dealer of automobiles in this state may not decline or refuse to sell an automobile to any person at an advertised price while the vehicle remains unsold, unless the advertisement states the advertised total price is good for only a specified period of time and that time has elapsed.” As this statute would trump the common law practice of advertisements not being offers, ABC Motors’ advertisement is considered an offer that cannot be revoked while the vehicle remains unsold and the expiration of the offer has not lapsed.

The offer was properly communicated because the offer was in written form in the newspaper, making it sufficient for communicating the offer.

No. An ad can be treated as an offer under certain circumstances for instance in the Lefkowitz v. Great Minneapolis Surplus Store, Inc. case. The store published a newspaper ad stating: that on Saturday 9 AM Sharp, three brand new fur coats, worth up to $1,000.00, first Come First Served $1 each. A customer named Morris Lefkowitz arrived at the store ready to pay. However, he was informed that under the defendant's house rules, the offer was open to women but not men. The court ruled for the plaintiff because he satisfied the terms of the advertisement. Therefore, the advertisement was explicit and left nothing open

Contracts can be defined through promises between parties that are enforceable through law. We know that both parties agreed verbally, an oral agreement was made to hold the car for one day with a hundred-dollar deposit and Stan agreed to the terms that the deposit was refundable. Contracts can be in in two form which are written or oral. Based on the elements of contracts, many fundamentals factors are considered mandatory to form a contract that is binding on parties and are primarily outlined through the following:

Offer is the promise made by the offeror. Generally, advertisement is the invitation to treat. Invitation to treat is different to the offer, so the advertisement is not an offer. (Partridge v Crittenden［1968］ 1 WLR 1204)

An offer is an expression of willingness by one party to contract on certain terms with another party with the understanding that the contract will become binding when accepted by the person to whom it is offered. An offer may be made in different ways, such as in a letter, an email, or even your behavior, so long as it conveys the basis on which the offering party is willing to contract. An offer should consist of: (1) a statement of present intent by the offering party to enter into a contract; (2) a specific proposal that is certain in its terms; and (3) a communication that identifies the person to whom the offer is made. If any of these elements are not present, an offer has not been made. (Walker, C. B., 2012)

Contracts Exam Question (with sample answers) Question 1 H. Bigbus (B hereafter) operates a construction supply business in Harrisburg. B specializes in supplying difficult-to-locate plumbing and light fixtures for contractors who do remodeling work. B sent the following letter to five contractors in the Harrisburg region: OFFER TO THE TRADE We have cornered the market for a source of brass "Orient Express" wall hanging light fixtures. We know (and we're sure that you do, too) that these fixtures are in such great demand that they are nearly impossible to obtain. If you are willing to take all your needs from us, we'll guarantee delivery at $20.00 each. I. M. Sap (S hereafter), a contractor who remodeled about twenty houses per year,