Carol offers to sell her personal computer to Bob for $200. Bob says that he will buy the computer for $200 if Carol will include the monitor and keyboard. Is this valid acceptance? Please explain in detail.
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Carol offers to sell her personal computer to Bob for $200. Bob says that he will buy the computer for $200 if Carol will include the monitor and keyboard. Is this valid acceptance? Please explain in detail.
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- John offered to buy James’s Apple Ipad and gave James two weeks for an answer. A few days after, Jill offered to sell her Apple Ipad to John, which he was very excited to purchase because it was the latest version, with all the new software applications. John called James and told him personally that he is no longer interested in purchasing his device. James is very disturbed because he saw that a new version of his IPad was being launched and he was looking forward to purchase it. James is of the view that John cannot withdraw his offer because the two weeks has not elapsed. He knows that you are a business law student at Open Campus and sought your advice on the matter. Advise James. Will your answer be the same if John failed to communicate to James within the two week period, that he was no longer interested in James’s Ipad and James accepted his offer on the last day of the two week period?Jim offered to buy James’s Porsche motor vehicle. Jim gave James 2 weeks for an answer. Two days after, Jane offered to sell her Porsche motor vehicle to Jim for which he was very excited to purchase because she had the latest model. Jim called James and told him personally that he is no longer interested in purchasing his Porsche. James is very upset, because he was keen to sell. He is of the view that Jim cannot withdraw his offer because the two weeks has not elapsed. He knows that you are a business law student at Open Campus and sought your advice on the matter. Advise James.Will your answer be the same, if Jim failed to communicate to James within the two weeks that he no longer is interested in purchasing James’s Porsche motor vehicle and James accepted on the last day of the end of the two weeks?In relation to Consideration select the CORRECT statement:Select one:To be valid, the agreed price and the goods sold, must be of equal value.Consideration can be vague or illusory as long as it was communicated to the other partyConsideration is the exchange of something of value (a thing, a promise, money etc), given in return for something else of value (a thing, a promise, money etc)Consideration is not necessary to form a legally binding contractTo be valid, Consideration must involve payment of money, in return for something of value.
- Oliver, while he was so drunk that he didn’t know what he was doing, bid successfully at an auction for the purchase of a house. It was clear to the auctioneer that Oliver didn’t know what he was doing. However, after Oliver sobered up, he confirmed the contract with the auctioneer. He then subsequently refused to complete the contract. Is Oliver bound to the contract? Required: Answer this question using the IRAC * method.Ciara decides to sell her car, a Nissan Skyline, and puts anotice on the back windscreen of the car. The notice reads,‘Sporty car for sale, excellent condition, low mileage,bargain at €2,000. Please phone Ciara Clarke 0899792949or call in at 16 Liffey Glen’.On Monday morning, Sean telephones Ciara and offers tobuy the car for €1,500. Ciara refuses to accept his offer.Later that day, Sean changes his mind about the car andtelephones Ciara. She is out so he leaves a message on heranswerphone saying, ‘I agree to give you the full askingprice of €2,000 for your car and will be round to collect ittomorrow’.On Tuesday morning, Conor sees Ciara’s car and writes aletter of acceptance to Ciara enclosing a cheque for €2,500.He immediately puts the letter in the post box. On Tuesdayafternoon, Riona calls at 16 Liffey Glen but Ciara is out, soshe puts a note through the letterbox stating, ‘I had a goodlook at your case – it is just what I want – I enclose a chequefor the full asking price of…Michael built a calculator (which graphs) using plans Michael found posted on the internet, but he unreasonably didn’t follow the plans when he constructed the calculator. Michael then sold the calculator to Jack who was injured when the calculator exploded because it hadn’t been built according to the plans. After the explosion Jack was taken to the Hospital emergency room (“ER”) where he signed a consent form authorizing Dr. Joe, the ER doctor, to perform a surgical procedure called Surgery X. But, instead Dr. Joe performed Surgery Y, a different procedure than Surgery X. A. What cause(s) of action should Jack use if he sues Michael for Jack’s injuries. Discuss. B. Has Joe, the ER doctor, committed any intentional torts? If so, discuss.
- Facts: You offered to sell your automobile to Wil for P100,000.00. After inspecting the automobile, Wil offered to buy it for P80,000.00. This offer was accepted by you. The next day, you offered to deliver the automobile, but Wil being short of funds, secured postponement of the delivery, promising to pay the price “upon arrival of the steamer”. The steamer however never arrived because it was wrecked by a typhoon and sank somewhere off the Coast of Samar. Question: Is there a perfected contract in this case? Why or why not?A man named Bob Smith believes that he is Santa Claus (who delivers presents to all the children around the world on Christmas Eve). In fact, he is not Santa, but he has believed this for many years. He signs his name "Santa." He signs many contracts as "Santa," and he refers to his wife as "Mrs. Claus" even though her name is actually Betty Smith. She puts up with it, because he really does believe he is Santa, and because she loves him and because his wages from his job at Hasbro toys pays the bills. One day he enters a contract with your company to hire you to build him a gigantic workshop in his backyard so he can build his toys and stable his "eight tiny reindeer." In return he will pay you $120,000 for the construction. When his wife learns of this deal, she tries to reject it because it is voidable due to his lack of contractual capacity. Was this contract voidable, or valid and enforceable? Answer the questions.A man named Bob Smith believes that he is Santa Claus (who delivers presents to all the children around the world on Christmas Eve). In fact, he is not Santa, but he has believed this for many years. He signs his name "Santa." He signs many contracts as "Santa," and he refers to his wife as "Mrs. Claus" even though her name is actually Betty Smith. She puts up with it, because he really does believe he is Santa, and because she loves him and because his wages from his job at Hasbro toys pays the bills. One day he enters a contract with your company to hire you to build him a gigantic workshop in his backyard so he can build his toys and stable his "eight tiny reindeer." In return he will pay you $120,000 for the construction. When his wife learns of this deal, she tries to reject it because it is voidable due to his lack of contractual capacity. Was this contract voidable, or valid and enforceable? explain the answer.
- 1. A contract to sell real estate is generally not enforceable unless it is in writing. a) True b) FalseBlake wanted to buy Harry’s boat for $20,000 and sent his offer by text to the latter’s phone. In his offer, Blake specified that he would give Harry two weeks to decide if he would sell his boat. Harry wanted to sell the boat to Blake, but thought he would wait until the last day of the 2-week period to inform Blake. But he was so sure that he would sell it and was expecting to get paid $20,000 in two weeks that he hastily sent an offer to Ali to buy his motorcycle also for $20,000. Ali accepted Harry’s offer. One week after Blake made the offer to buy Harry’s boat, he withdrew it. Now Harry doesn’t have the money to pay for Ali’s motorcycle and Ali is insisting that he pay for it since it was already sold to him. Can Blake withdraw his offer to buy Harry’s boat1. Which of the following describes when a person does not understand that a contract is being made or does not understand its general nature due to a mental condition caused by medication, drugs, alcohol, illness, or age. Factual incapacity Status incapacity Infactual incapacity Illegal incapacity 2. It’s possible the validity of a contract may be affected if one or both parties made a mistake. True False 3. Which of the following is not a problem area in determining whether the parties to a contract have genuinely agreed to be bound by the terms: Lack of contractual capacity Deception Pressure Privity of contract Mistake