BUSINESS LAW (LOOSE)-W/ACCESS >CUSTOM<
BUSINESS LAW (LOOSE)-W/ACCESS >CUSTOM<
16th Edition
ISBN: 9781305768697
Author: Mann
Publisher: Cengage Learning
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Chapter 14, Problem 9Q
Summary Introduction

To discuss: The result if person D decides that he wishes to avoid the contract. The sale agreement took place in the year 2011.

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Define the term "unconscionable" and describe the effect of an unconscionable contract.
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.
Facts: On February 1, 2004, Buyer entered into a contract to buy Seller’s house in Las Vegas for $532,500 with a March closing date. On February 3, 2004 Seller notified Buyer that he was terminating the contract (without any legal basis for taking such action). The Seller then told Buyer that he would sell him the house for a higher price. On February 3, 2004, Buyer and Seller entered into a new contract for a price of $578,000. On February 16, 2004, the Seller refused to perform under the contract. The Buyer sued seeking to enforce the contract. Question: Under the common law of contracts, is the modification to the original contract enforceable? Deliverable: Write a clear, grammatically correct answer being sure to address the following points in your answer: Provide a clear statement of the governing legal principle (also called a ‘black letter law’). The ‘governing legal principle’ in any case is the legal principle that is the key to completing the legal analysis of the problem…
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