Pat was very frustrated because she wanted to purchase a home but lacked the funds or credit to do so even though Pat was expecting shortly to receive a one-half million dollar final installment payment for some land she sold several years earlier. Dan knew that Pat was very interested in purchasing a home and approached Pat with a proposal to assist Pat in buying a home. Dan told Pat that he would help Pat with the financing. After finding the home she wanted to buy for $250,000, Dan and Pat orally agreed that Dan would purchase the home and "when you come up with the money, I (Dan) will sell it to you (Pat) for $250,000 plus a fair commission to be determined." Dan purchased the home identified by Pat and the following week Pat moved …show more content…
Most contracts are valid despite the fact that they may be only oral. Dan was knowledgeable that Pat wanted to buy a home, which she was not financially qualified to purchase. Consequently, he offered to purchase the home and sell it to her, when she had the capital to do so. The statement of Don to Pat, “When you come up with the money, I will sell the home to you for $250,000, plus a fair commission to be determined”, and Pat’s search and identification of a suitable home, and Dan’s purchase supports each intent to be bound. In this case, the next week, Pat moved into the house, begins living in it, and made substantial improvements. The improvement consisted of installing new carpets, window coverings, and a patio cover. The improvements, spanning a period of six (6) months, amounted to a cost of $8,000. With respect to a contract, Dan might argue that there was not a contract, or that the contract was outside the Statue of Frauds. However, any arguments to nullify the Statue of Frauds are not likely to be successful. In most instances courts attempt to find evidence that this defense is not supportable. Performance is more relevant in this case. A contract for the sale of real property will be enforceable if the buyer has taken possession and has made permanent improvements upon it. Of course, the extent of the improvements required for enforcement varies from jurisdiction
Bernie a resident of Richmond, Virginia decides to sale his 2006 Ford Fusion for $13,000.00 and places an ad in his local newspaper on February 1st. After several weeks without any inquiries, Vivian contacts Bernie on March 1st stating she will pay him $12,000.00 for the car. Bernie arranges to meet with Vivian on March 5th to complete the deal. Vivian comes to Bernie’s house on March 10th and says she will give Bernie $12,500.00 for the car; but she needs three additional weeks to come up with the money. Bernie agrees but only if Vivian puts down a deposit. Vivian agrees and Bernie drafts an agreement stated the sale will must take place no later than March 31st. Vivian reads and signs the agreement and
3. Third Possible Offer. Peters response to Don of "OK, that sounds great. I just need to inform my sister first before I can act on this. This decision affects her too. Can I let you know for sure tomorrow?" does not contain the required promissory language required to show intent to form a contract. He is simply relaying that he is taking Dons invitation for an offer under consideration and must communicate with his sister prior to a decision being made.
If this contract to purchase the car was in writing, Rudy could have included certain language in the agreement that would have allowed him to rescind the contract if any future issues with car arose. If the contract was in writing and it could be proven that Hillary had concealed or intentionally deceived Rudy about the condition of the car, then Rudy could have a chance to get the contract rescinded for fraud.
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The way a government or state has ruled over a populace has always been attributed to the socially accepted political idea prevailing at the time, but their are multiple ideal political ideas that have shaped the modern world and all of them ultimately were hinged upon each other. The following political ideas of, a socially bound contract, the divine right of a king and the laws of god and nature are the founding principles throughout history that have lead to major political revolutions including republicanism and democracy.
The common law view of pre-registration contracts was that the company did not exist for legal purposes until it had been formally incorporated (registered). This common law view resulted in company's being unable to enter a binding contract until they had been registered.
In this example, an agreement has not been made. The ad that Pete placed in the Auto Trader is simply an offer to do business and not an offer to enter into a contract. The ad “1989 Pontiac Sunbird for sale - $6,000” is an advertisement to attract potential buyers and to initiate negotiations for a contract of sale. Paul provided a response to the ad by offering to pay $6,000 for the vehicle, which then provides Pete the option of accepting or denying the offer.
With oral contracts and the statues of fraud there are five things that must occur. contracts for the sale of an
An oral contract is enforceable unless its subject matter comes within the statute of frauds, an English Law adopted in the United States, that requires certain contracts to be in writing. For example, a contract to sell real property, to be enforceable, must be in writing to comply with the statute. An oral contract to sell Personal Property for an amount less than that set in the statute does not fall within its limits and, therefore, is enforceable without being reduced to a writing. The Uniform Commercial Code governs the enforceability of oral contracts in sales transactions
The law states that the term in a standard form contract is unfair, if it is: “ firstly, a term would cause a significant imbalance in the parties’ rights and obligations. Secondly, the term is not reasonably necessary to protect the legitimate interests of the party that would be advantaged by the term. Thirdly, the term would cause detriment to a party if it were to be applied or relied on.”
"The current federal system of government in the United States is failing to meet its social contract obligations to the American people." There is nothing closer to the truth than this statement. While some may argue that the government is following the guidelines of a social contract, many aspects of the government have outgrown their britches and taken over.
Ciao, Vince.” Johannes must have had the “caller ID” feature activated on his mobile phone. Only Vince’s side of the conversation was audible to me and it felt surreal to hear my husband speak to our Italian real estate agent about buying a home here. It seemed unbelievable to me. However, from the conversation I deduced that we would have to make an “earnest” deposit at the time of an accepted offer, which would eventually be applied towards the purchase price of the property. A few months following acceptance, a deed signing would be scheduled in Perugia, at which time the full balance was payable in cash or by check from a local bank. We had the option of attending the deed signing in person or relinquishing Power of Attorney to Casambiente who could sign on our behalf. Vince concluded the conversation by taking a deep breath and promising Johannes that we would call back after absorbing the reality of taking such a big step and discussing a plausible timeline. Johannes’ unsolicited comment described Ann Geneva as “a piece of work” meaning that she was a difficult Seller to work
When Stan the salesman gave the buyers Jim and Laura a chance to test the cars that were lined for sale, he made an offer. Jim and Laura found a blue sedan car that best suited their needs. They went ahead to agree to buy the car and this was a clear show of
a. The essential of insurance, the payment of loss will replace what is lost, the insured back to the financial reward or punishment and the loss of insurance losses before.
for it to qualify as a proper contract in the eyes of the law: offer