Question 1 Tom and Jerry enter into an agreement whereby Tom will sell his boat to Jerry for $100,000. However, unknown to both parties, Tom’s wife, who was a co-owner of the boat, had already sold the boat to Jack for $130,000. Jerry is seeking to enforce his agreement with Tom since he had made plans with his family to spend a few days out in the ocean next week, and he does not want to disappoint his family.  Tom is however not pleased that Jerry is still seeking to enforce the agreement, since he had no knowledge of what his wife had already sold the boat.   Tom is now seeking your legal advice on the matter. Advise Tom   Would your advice have been different if Tom had known that his wife had already sold the boat when he contracted with Jerry?                                                                                 Note:   You are required to use the IRAC model to answer all problem questions. What is the issue? The Law on the issue. Application of the Law to the Issue. Conclusion

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Question 1

Tom and Jerry enter into an agreement whereby Tom will sell his boat to Jerry for $100,000. However, unknown to both parties, Tom’s wife, who was a co-owner of the boat, had already sold the boat to Jack for $130,000.

Jerry is seeking to enforce his agreement with Tom since he had made plans with his family to spend a few days out in the ocean next week, and he does not want to disappoint his family.  Tom is however not pleased that Jerry is still seeking to enforce the agreement, since he had no knowledge of what his wife had already sold the boat.

 

Tom is now seeking your legal advice on the matter. Advise Tom

 

Would your advice have been different if Tom had known that his wife had already sold the boat when he contracted with Jerry?                                                                              

 

Note:

 

  1. You are required to use the IRAC model to answer all problem questions.
  • What is the issue?
  • The Law on the issue.
  • Application of the Law to the Issue.
  • Conclusion
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