Edwin sells a sofa to Jack for $800. Edwin and Jack both know that the sofa is in Edwin’s warehouse, located approximately ten miles from Jack’s home. The contract does not specify the place of delivery, and Jack insists that the place of delivery is either his house or Edwin’s store. Is Jack correct?
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Edwin sells a sofa to Jack for $800. Edwin and Jack both know that the sofa is in Edwin’s warehouse, located approximately ten miles from Jack’s home. The contract does not specify the place of delivery, and Jack insists that the place of delivery is either his house or Edwin’s store. Is Jack correct?
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- Ed win sells a sofa to Jack for $800. Edwin and Jack both know that the sofa is in Edwin’s warehouse, located approximately ten miles from Jack’s home. The contract does not specify the place of delivery, and Jack insists that the place of delivery is either his house or Edwin’s store. Is Jack correct? Why or why not?A offered to sell his automobile to B for P50,000. After inspecting the automobile, B offered to buy it for P50,000. This offer was accepted by A. The next day, A offered to deliver the automobile, but B, being short of funds, secured a postponement of the delivery, promising to pay A the price “upon arrival in this port of the steamer Helena.” The steamer, however, never arrived because it was wrecked somewhere off the coast of Samar. (a) Is there a perfected contract in this case? Why? (b) Is the promise to pay made by B conditional or with a term? Why? (c) Can A compel B to pay the purchase price and to accept the automobile? Why?Danny sells his second-hand car to BB Auto Traders, a used car dealer. During the verbal negotiations the vehicle is described as a 2017 Civit Honda. After the sale, BB Auto Traders discovered that the car was in fact a 2015 Civit Honda. The registration document stated it was first registered in 2017 and when Danny sold the car, he relied on the information detailed both within the car log book and on the registration document, but it turned out that the logbook was forged by the previous owner and the registration document was inaccurate. Advise Danny on the legal issues that arise in contract law. In doing so, you should interpret the terms of contract, identifying if any terms have been breached and what remedies might arise Would your answer be different if the negotiations between Danny and BB Auto Traders were all undertaken via email? why explain properly.
- Marge sold her car to Rupert, her very good friend on credit for $100,000. He paid down $30,000, but after a few months, and having not seeing Rupert, Marge decided to take back the car. Lucky for her, she did not give Rupert the papers for the car. She saw Henry with the car, who told her that Rupert sold it to him and promised to give him the papers soon; i. Can Rupert keep the car? why or why not. ii. Can Marge get back the car? why or why not. iii. Would the situation be different if Marge had given Rupert the papers for the car? iv. What type of contract did Rupert and Henry enter into?Forest Running Shoes, a sneaker store, orders three hundred pair of running shoes from Mercury Shoes, Inc. Mercury Shoes has all their sneakers in a warehouse which contains 20,000 pairs of sneakers. Before Mercury can separate the 300 pairs for Forest, a fire destroys all the shoes in the warehouse. Absent a contrary agreement between the parties, a. Forest has no rights in the 300 pairs of shoes because, since the parties didn't place any terms regarding this risk in their written contract, the contract is unenforceable. b. Forest has rights in the 300 pairs of shoes because identification took place at the time of the contract. c. Forest has no right in the 300 pairs of shoes because identification has not yet taken place. d. Forest has no rights in the 300 pairs of shoes because a buyer can never have rights to goods until it is delivered to them.Abigail is in the business of selling fine antiques. Abigail purchased an antique desk for $5,000 from Jackson, and gave a promissory note for payment. Concerned that Jackson might not accept the note, Abigail had her friend Catalina sign the promissory note as well. Jackson accepted the note as payment. Two weeks later, Jackson sought payment on the note. Abigail told Jackson that she is not responsible for the promissory note because Catalina signed the note too, and Jackson had to seek payment from Catalina first. Abigail also spotted a beautiful set of vintage chairs owned by Max that would be perfect for her store. Abigail wrote a $10,000 check, also signed by her business associate Orville as an accommodation party, to Max to pay for the chairs. Max presented the check to Westville Savings, the bank where Abigail has a checking account, for payment. Westville Savings dishonored the check claiming Abigail had insufficient funds. Who is liable for these negotiable…
- The H owned and operated a successful small bakery and grocery store. They spoke with L, an agent of Red Owl Stores, who told them that for $18,000, Red Owl would build a store and fully stock it for them. The H sold their bakery and grocery store and purchased a lot on which Red Owl was to build the store. L then told H that the price had gone up to $26,000. The H borrowed the extra money from relatives, but then L informed them that the cost would be $34,000. Negotiations broke off and the H sued. Can H win the case? Explain.2. Seller and Buyer negotiate for the sale of 100 acres of land. They orally agree on a price of $100,000, with payment to be made within 10 days and the deed delivered within another 30 days. Buyer sends Seller a letter in which all these terms are included, along with a check for $100,000 that Seller deposits. Seller fails to deliver a deed, and Buyer seeks to enforce the contract. Is the contract enforceable?Robert in Chicago entered into a contract to sell certain machines to Terry in New York. The machines were to be manufactured by Robert and shipped F.O.B. Chicago not later than March 25. On March 24, when Robert is about to ship the machines, he receives a letter from Terry wrongfully repudiating the contract. The machines cannot readily be resold for a reasonable price because they are a special kind used only in Terry’s manufacturing processes. Robert sues Terry to recover the agreed price of the machines. What are the rights of the parties?
- On November 19, Hoover Motor Express Company sent to Clements Paper Company a written offer to purchase certain real estate. Sometime in December, Clements authorized Williams to accept. Williams, however, attempted to bargain with Hoover to obtain a better deal, specifically that Clements would retain easements on the property. In a telephone conversation on January 13 of the following year, Williams first told Hoover of his plan to obtain the easements. Hoover replied, “Well, I don’t know if we are ready. We have not decided; we might not want to go through with it.” On January 20, Clements sent a written acceptance of Hoover’s offer. Hoover refused to buy, claiming it had revoked its offer through the January 13 phone conversation. Clements then brought suit to compel the sale or obtain damages. Did Hoover successfully revoke its offer? Explain.Ishmael is a tenant of a home unit owned by Angela. Ten days ago Ishmael received a letter from Angela in which Angela stated that she was ‘interested in selling’ her flat and asked Ishmael to ‘let her know’ if he (Ishmael) was willing to buy the home unit for the price of $200,000. Three days later Ishmael posted a letter to Angela in which he agreed to buy the home unit for the price set out in Angela’s letter. After receiving Ishmael’s letter, Angela telephoned Ishmael and told him that she had decided that she did not want to sell the home unit. Also, Benjamin & Karen while visiting Joana & Bernice doing their national service in Koforidua decided to go shopping for groceries at the supermarket. In the shop, Karen sees a nice ladies bag she likes with a price tag of GH 200.00. Karen, therefore, picked up the bag and walked to the till to make payment. While at the till however, Karen was told that the price displayed on the item was not the same on the receipt at the…On March 17, Peckham bought a new car from Larsen Chevrolet for $16,400. During the first one and one-half months after the purchase, Peckham discovered that the car’s hood was dented, its gas tank contained no baffles, its emergency brake was inoperable, the car did not have a jack or a spare tire, and neither the clock nor the speedometer worked. Larsen claimed that Peckham knew of the defects at the time of the purchase. Peckham, on the other hand, claimed that he did not know the extent of the defects and that despite his repeated efforts the defects were not repaired until June 11. Then, on July 15, the car’s dashboard caught fire, leaving the car’s interior damaged and the car itself inoperable. Peckham then returned to Larsen Chevrolet and told Larsen that he had to repair the car at his own expense or that he, Peckham, would either rescind the contract or demand a new automobile. Peckham also claimed that at the end of their conversation he notified Larsen Chevrolet that he was…