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The Influence Of Honda-Toyota Ownership On Lindsay

Satisfactory Essays

In this problem Finnin, McPherson and Wright (FMW) expressed to negotiate on buying the Honda-Toyota dealership on Lindsay. Based on the proposed agreement, FMW should pay a certain amount of $1.1million of the stock of Lindsay. And so, this case should be based under the common law. Common law governs the contracts for services, intangible assets and other contracts not governed by the Uniform Commercial Code (Mallor, Barnes, Bowers, Langvardt, 2013). Formation of the contract under the common law includes an offer, acceptance and consideration. And in order for an offer to be binding the offeree (the person to whom the offer is made) must accept the offer. An offer gives the power of acceptance to another party and includes the agreements essential elements, which must be definite and certain. …show more content…

In this case, Lindsay acted as the offeror and FMW is the offeree. One of the arguments relative to this case is that FMW had signed the agreement they received from Lindsay(supposed to be an acceptance of the offer), however they made some modifications in the agreement by changing the agreed stock purchase price of $1.1 million to the purchase price of $700,000 in Exhibit A and removing all references related on the sale of goodwill. In common law contract, the acceptance must be a mirror image of the offer to constitute valid acceptance (Magee v. Garreau, 2002). This means that the acceptance must be precisely the same as the offer. So, if the acceptance is not exactly the same, then it will fail to meet the requirements of acceptance and will not constitute a valid element of the formation in contract. Because FMW modified the amount of the purchase price of $1.1million to $700,000 in Exhibit A, though they’ve

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