Case 1 The issues began when Ravi told Alice that he would be willing to sell her his house, which she rented from him as a student, upon graduation. An interesting question is if what Ravi said constitutes a genuine offer or not. Was his “willingness” to sell to be taken as a definite, or as an offer to do business at a specified time, such as an invitation to treat? Another possible issue is that Ravi communicated his willingness to sell the house to her 4 months before her graduation and Alice gave her “acceptance” by mail approximately 4 months after her graduation. This left Alice with about 8 months to consider the possible deal. Was Ravi’s deadline Alice’s graduation in April or a reasonable time afterwards or was acceptance open until Alice found adequate employment? Other problems stem from the method of acceptance, which came in the form of a letter by mail, rendering it a form of non-instantaneous communication (McInnes, Kerr, VanDuzer, 2011, p.167-169). This form of communication results in a substantial time delay as far as acceptance is concerned. As a result, Ravi received Alice’s letter one day after having entered a contract for the property in question with a developer. Did Ravi intend for the price to be the market value of the home at her time of graduation in April? Did Alice hold out until the value of the house dropped? Although the details are vague, it is possible that there was no true meeting of the minds in this situation. Ravi may have meant that he would entertain doing business with her in April, with April market values, whereas Alice assumed that Ravi would hold the offer open until she found employment. The courts might also have to interpret what Ravi meant when he told A... ... middle of paper ... ...ess the contract in question. These issues coupled with the possibility that Sylvia was using her aunt’s fear of going to her nursing home against her strengthen Millie’s legal position. If Millie is able to read and comprehend the contract in the future, possibly due to a clearer mental state, she can and should seek her own independent legal advice should she choose to transfer the land (McInnes, Kerr, VanDuzer, 2011, p 242). Either way, the contract appears to be void, voidable, and unenforceable based on this information. Works Cited McInnes, M., Kerr, I., VanDuzer, A. (2011) Managing the Law: The Legal Aspects of Doing Business. (3rd ed.) Toronto, ON: Pearson Canada Inc. LGST 369: Study Guide part 2. (2011). Athabasca University. Retrieved December 29th, 2007, from http:// http://sals.lms.athabascau.ca/course/view.php?id=47&topic=2
Our decision was based on determining if there was contract formed and if the terms of said contract were performed by both parties. We found that Abigail placed an advertisement with the intent to lead readers to believe that she was selling “purebred toy breed puppies” for $100, “quoted for immediate acceptance”. Alex responded to Abigail’s advertisement and accepted her offer by submitting the required $100 payment to the P.O. Box, as stipulated in the advertisement, and inquired about when he could pick up
This case study examines various real estate contracts – the Real Estate Purchase Contract (REPC) and two addendums labeled Addendum No. 1 and Addendum No. 2 – pertaining to the sale of 1234 Cul-de-sac Lane in Orem, Utah. The buyers in this contract are 17 year old Jon D’Man and 21 year old Marsha Mello; the seller is Boren T. Deal. The first contract created was Jon and Marsha’s offer to purchase Boren’s house. This contract was created using the RESC form, which was likely provided by their real estate agent as it is the required form for real estate transactions according to Utah state law. The seller originally listed the house on a Multiple Listing Service (MLS); Jon and Marsha agreed that the asking price was too high for the neighborhood (although we are not given the actual listing price), and agreed to offer two-hundred and seven-thousand dollars ($207,000) and an Earnest Money Deposit of five-thousand dollars ($5,000). Additionally, the buyers requested that the seller pay 3% which includes the title insurance and property taxes. After the REPC form was drafted, the two addendums were created. Addendum No. 1 is from the seller back to the buyer, and Addendum No. 2 is the buyer’s counteroffer to the seller.
Blair, Annice. Law in Action: Understanding Canadian Law. Toronto, Ontario: Pearson Education Canada, 2003. Print.
... Book 2002. 2002 edition. Volume 11. Chicago, IL: World book inc., 2002. Page344. Print.
Sweeney, B, O'Reilly, J & Coleman, A 2013, Law in Commerce, 5th edition, Lexis Nexis, Australia.
3. - Housing Devon is also stressed because her land lord has put his property for sell. Devon received very little warning about it and would like to know her rights. Devon is planning to move to live with her boyfriend and is considering moving to the North. Attempted phone call to
Armstrong, Stephen. Student Handbook: 4: 5 Steps to a 5. New York: Southwestern Co, 2004. 1389-257.
Because of this assignment, I have expanded my knowledge on this subject and I believe this will greatly help me in the future.
Burstein, P. (2008). The Role of a Defence Counsel. In J. V. Roberts, & M. G. Grossman (Eds.), Criminal Justice in Canada: a Reader (3rd Edition ed., pp. 48-58). Toronto: Thomson Nelson.
Moran, J. J. (2008). Employment law: New challenges in the business environment. New Jersey: Pearson Prentice Hall.
Miller, Roger LeRoy., Meinzinger, Mary. Paralegal Today: The Legal Team At Work. Clifton Park, NY : Delmar Cengage Learning, 2010. Print
Wolf, R. (2009). A New Way of Doing Business. Bureau of Justice Assistance, Center for Court Innovation.
"Preamble | LII / Legal Information Institute." LII | LII / Legal Information Institute. Web. 26 Sept. 2011. .
Simon Fraser University. Web. The Web. The Web. 05 Feb. 2012.
MAS Ultra - School Edition. EBSCO. Web. 16 Feb. 2010. Larkin, Erik.