Case summary: The person JF purchased a baseball card from the person MS. The card was delivered in Nebraska and was kept in a safe-deposit box by the person JF. After 2 years, the person JF sent the card for authentication to PSA, a grading agency, which found the card as ungradable. The person JF informed the person MS, who replied that the card should have been returned within the seven days to the 1-month time period of its receipt. The person JF sent the card to ASA, another grading agency, for the second opinion and got the same feedback. The person JF then filed a suit against the person MS in the state court for damages. The person JF won the case and the person MS made an appeal to the supreme court.
To Find:The award given by the court to a buyer who prevails in such a dispute.
Want to see the full answer?
Check out a sample textbook solutionChapter 14 Solutions
The Legal Environment of Business: Text and Cases (MindTap Course List)
- ⚫ Are the parties involved in this case required to perform their contractual duties in good faith? If so, what does good faith in contracts mean? ⚫ For the sake of discussion, say Amir sent Mary a text message via his mobile but Mary, who was very depressed, did not open it until she found the lamb herself. Does she have to pay Noah? Do courts in Canada recognize texts message as a binding contract? Can you think of any relevant Canadian case law? You may want to have a quick look at the Electronic Commerce Act, 2000 S.O. 2000. • Say that Amir developed symptoms of COVID-19 and for this reason he was not able to deliver the note in person. Does COVID-19 impact Amir's contractual obligations and if so how? • Is it possible to characterize Mary's deal as a Unilateral Contract? If so, could you tell us a bit more about this type of contracts, preferably citing some relevant Canadian case law? CLOSEarrow_forwardA contract will be considered illegal from inception where performance can only be pursued via an illegal act. Contracts falling into this category cannot be enforced. Indeed, if a contract is illegal from the start, all contractual parties will not acquire any rights under that contract, regardless of their intentions at formation of the contract. The contract will be void and treated as if it was never created. critically discuss FIVE (5) CONTEMPORARY CASE LAWS related to illegality focusing on the judgments handed down in those cases as it relates to: What was the issue, The facts of the relevant case, The judgment The reasons for the judge’s decision. Finally, in your opinion do you agree or disagree with the decisionarrow_forwardbriefly discus , What are the remedies available to parties who have been harmed by a breach of contract?arrow_forward
- Regarding legality, the first right granted to minors in contract law cases is the right to dis-affirm. How would you "standardize or structure" the following rule of law regarding dis-affirming for minors? In its current state, it appears to be clear as mud! "Dis-affirming occurs when the minor states, either in a verbal declaration or by their actions, that they no longer intend to be bound by the terms of the contract to which they are a party. Upon reaching the age of majority, the minor may choose to disaffirm the contract they were entered into while in the minority. If they do not disaffirm the contract within a reasonable period of time, they are considered to have ratified the contract."arrow_forwardAre the parties involved in this case required to perform their contractual duties in good faith? If so, what does good faith in contracts mean? ⚫ For the sake of discussion, say Amir sent Mary a text message via his mobile but Mary, who was very depressed, did not open it until she found the lamb herself. Does she have to pay Noah? Do courts in Canada recognize texts message as a binding contract? Can you think of any relevant Canadian case law? You may want to have a quick look at the Electronic Commerce Act, 2000 S.O. 2000. • Say that Amir developed symptoms of COVID-19 and for this reason he was not able to deliver the note in person. Does COVID-19 impact Amir's contractual obligations and if so how? • Is it possible to characterize Mary's deal as a Unilateral Contract? If so, could you tell us a bit more about this type of contracts, preferably citing some relevant Canadian case law?arrow_forwardHow are duties discharged by a party under a contract?arrow_forward
- A contract will be considered illegal from inception where performance can only be pursued via an illegal act. Contracts falling into this category cannot be enforced. Indeed, if a contract is illegal from the start, all contractual parties will not acquire any rights under that contract, regardless of their intentions at formation of the contract. The contract will be void and treated as if it was never created. a) You are required to critically define and discuss the concept of illegality in law from a theoretical standpoint.arrow_forwardBUSINESS LAW EXPERT PLS ATTAIN THIS 1. An offer to contract was made to you by email. You decided to accept that offer and replied by email stating your acceptance. When is the acceptance validly communicated? 2. P entered into a 10-year lease of a warehouse. Thereafter, the local authority closed the only street access to the warehouse because of a dangerous building. The street was to be re-opened after the dangerous building was demolished. Discuss whether P could refuse to pay rent and have the contract set aside on the basis of frustration.arrow_forwardIn which type of Contract is there a "lack of meeting of the minds?" a) Bilateral b) Unilateral c) Fraudulent d) Oral 2. Generally where a unilateral mistake is made in a Contract, the Contract will still be enforced, except where the non-mistaken party was aware of the mistake. a) True b) False 3. A home builder misjudges the cost of the windows to be installed in the house. This is: a) Bilateral mistake leading to rescission. b) Unilateral mistake which can be corrected. c) A mathematical mistake which is correctable. d) An error of judgment, not correctable. 4. "Sign or I'll kill you" is an example of: a) Undue Influence b) Misrepresentation c) Duress d) either a or b 5. An attorney who over a period of time convinces an elderly widow to deed…arrow_forward
- explain , how can arbitrators effectively manage the presentation of evidence in complex commercial disputes?arrow_forwardWhat legal protections are in place to prevent the exploitation of individuals with limited capacity to contract?arrow_forward1. According to the 1980 United Nations Convention on Contracts for the International Sale of Goods, an agreement on a price is required for a contract for the sale of goods to be valid? a. Yes, if the contract is done by writing. b. Yes, article 14 of the convention provides for it. c. No, the price is always unilaterally determined by the seller. d. No, article 50 regulates the case of the valid conclusion of a contract for the sale of goods without determination of the price. e. Yes, if the value of the contract is more than € 10.000. 2. Choose a contracting State to the 1980 United Nations Convention on Contracts for the International Sale of Goods that is not bound by article 11, article 29 or Part II of the Convention that allows a contract of sale to be done in any form other than in writing: a. Finland b. United States of America c. Mexico d. Canada e. Belarus 3. Albert is a merchant selling cars. Bob offered € 5.000 for a car which price announced by Albert was € 10.000.…arrow_forward
- BUSN 11 Introduction to Business Student EditionBusinessISBN:9781337407137Author:KellyPublisher:Cengage LearningEssentials of Business Communication (MindTap Cou...BusinessISBN:9781337386494Author:Mary Ellen Guffey, Dana LoewyPublisher:Cengage LearningAccounting Information Systems (14th Edition)BusinessISBN:9780134474021Author:Marshall B. Romney, Paul J. SteinbartPublisher:PEARSON
- International Business: Competing in the Global M...BusinessISBN:9781259929441Author:Charles W. L. Hill Dr, G. Tomas M. HultPublisher:McGraw-Hill Education