Preview

Letter To Wheeler In Breach

Good Essays
Open Document
Open Document
577 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Letter To Wheeler In Breach
On September 1, Jennings, a used-car dealer, wrote a letter to Wheeler in which he stated, “I have a 1955 Thunderbird convertible in mint condition that I will sell you for $13,500 at any time before October 9. [Signed] Peter Jennings.” By September 15, having heard nothing from Wheeler, Jennings sold the Thunderbird to another party. On September 29, Wheeler accepted Jennings’s offer and tendered $13,500. When Jennings told Wheeler he had sold the car to another party, Wheeler claimed Jennings had breached their contract. Is Jennings in breach? Explain.

Legal environments in business
Today legal environment of business is full of agreements between individuals and business. Although oral agreements can be used to constitute a sale contract, but most corporations used formal written contracts when
…show more content…
Wheeler ought to have acted during a lot of timely fashion, however it looks that no contact was created, either way, to specific interest or not. Fifteen days gone with no word from wheeler thus being the owner of the car Jennings has right to sell the car. In this case, Wheeler is not a careful buyer as common sense tells anybody even slightly interested in car that price is a steal. Sale contract requires acceptance as well as intimation from the buyer in respond to the offer. Wheeler requires to send an intimation letter to the Jennings that “I am agree to purchase” the car but he does not sent any intimation letter. Now wheeler cannot file any suit against Jennings. For exemplar "In the case of daily life, if you go to merchandise area unit displayed and it 's means that you ought to move and select what you need, the contract isn 't completed yet, till you indicated the articles you wants to purchase, the merchant, or somebody on his behalf, accepts that and provide you the article you want to purchase. Now contract is

You May Also Find These Documents Helpful

  • Good Essays

    Chapter 11 Business law

    • 475 Words
    • 2 Pages

    Signal won’t necessarily succeed on his claims. “Acceptance of the goods prevents the buyer or lessee from exercising the right of rejection, but it does not necessarily prevent the buyer or lessee from pursuing other remedies” (Business Law Today; page 337). In some circumstances, a buyer or lessee are allowed to revoke their acceptance of the goods. The revocation of acceptance is not effective until the seller has been notified. The seller must also be notified within a reasonable time after the buyer discovers or should have discovered the grounds for revocation. Tuner noticed cartons with scrape marks and right away questioned Signal, but Signal assured they would not be damaged. A couple days later Tuner’s stocker opens some cartons and then discovers the damages, notifying Signal. Two days later is within a reasonable time. Therefore Tuner has not breached for accepting the goods. He could now keep the goods and recover damages caused by…

    • 475 Words
    • 2 Pages
    Good Essays
  • Powerful Essays

    (Steve)   The dealer has the right to take the car back, due do to insufficient payments The dealer could void the contract, since Jeff is under 18 Purchaser (Jeff)  Jeff could get another job  Jeff could purchase a bicycle  Jeff could wait until he has saved enough money to purchase a vehicle.…

    • 1103 Words
    • 8 Pages
    Powerful Essays
  • Good Essays

    A dealer sold a new car to Raymond Smith. The sales contract contained language expressly disclaiming liability for personal injuries caused as a result of defects in the car and limiting the remedy for breach of warranty to repair or replacement of the defective part. One month after purchasing the auto, Smith was seriously injured when the car veered off the road and into a ditch as a result of a defect in the steering mechanism of the car.…

    • 610 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    Law 201 Case Study

    • 293 Words
    • 2 Pages

    Raymond Smith recently bought a new car from a car dealership. The sales contract he signed contained language expressly denying liability for personal injuries caused as a result of defects in the car. It also limits the remedy for breach of warranty to repair or replace the defective part. Unfortunately one month after purchasing the auto, Smith was seriously injured when the car veered off the road and into a ditch as a result of a defect in the steering mechanism of the car. I will determine what would be the result if Raymond Smith sued the dealership.…

    • 293 Words
    • 2 Pages
    Satisfactory Essays
  • Satisfactory Essays

    He did this by selling the car to another party during the specified written offer time frame. Jennings would have not breached his contract with Wheeler if he waited tell October 9th to sell the car. Jennings also put himself in a bind by making it a written contract offer. If Jennings made a verbal contract with Wheeler, Jennings could have gone and sold the merchandise to another customer without breaking any sort of contract. By singing the paper it became a legal document of proof to the buyer who had the opportunity to buy the car without anyone trying to also take a bid in buying the car. Wheeler has a valid point. Jennings breached their contract of agreement in purchasing the car. Wheeler has a legal document stating Jennings will not sell the car to another customer until October 9th Jennings singed the paper and if Wheeler wanted to he can sue Jennings for a breach of contract and Wheeler would…

    • 514 Words
    • 3 Pages
    Satisfactory Essays
  • Good Essays

    Contracts are essential in the business world and apply to both large and small businesses (Lau, 2011). Essentially, contracts are a legally enforceable promise to do something in exchange for something of value (Beesley, 2016). Elements of a contract formation include offer, acceptance and consideration (Colorado State University – Global Campus, 2016). Without proper formation, contracts can be invalid (Lau, 2011). The six elements of contract formation are offer, acceptance, consideration, mutuality of obligation, competency and capacity, and sometimes a written instrument (US Legal, n.d.). Contracts can be both bilateral, meaning an agreement between two parties, or unilateral, where action is taken by one party or group (Lau, 2011). This…

    • 833 Words
    • 4 Pages
    Good Essays
  • Powerful Essays

    Real Property

    • 1357 Words
    • 6 Pages

    Because Birdwell did not rescind the contract he will be required to pay the $90,000 because he did not consult an attorney and because the real estate agent put a new price on the property of $50,000. However, since the contract was silent at risk, the Uniform Vender and Purchaser Risk Act, Birdwell could request this option. However, neither party had insurance on the property.…

    • 1357 Words
    • 6 Pages
    Powerful Essays
  • Better Essays

    “All contracts are agreements, but not all agreements are contracts” (Luizzo, 2010, pg. 79). In business, contracts are used to employ people and to sell goods, and to sell services (Luizzo, 2010, pg. 79). For a contract to be enforceable legally it must contain certain elements. There must be an offer made to one party and acceptance by another party; there must be consideration; all involved must mutually agree; all parties must be competent; there must be proper…

    • 1560 Words
    • 7 Pages
    Better Essays
  • Good Essays

    Formation: For a contract to take place an offer has to be given to someone and he or she would have to accept it in written. The transaction in this case involves a sale of goods contract. “A contract of sale is a legal contract an exchange of goods, services or property to be exchanged from seller to buyer for an agreed upon value in money paid or the promise to pay same. It is a specific type of legal contract.’ (1)…

    • 1072 Words
    • 5 Pages
    Good Essays
  • Good Essays

    References: Kubasek; Brennan; Browne, N. (2008). Legal Environment of Business [VitalSouce bookshelf version]. Retrieved from http://digitalbookshelf.argosy.edu/books/0558228925/id/ch09…

    • 1077 Words
    • 5 Pages
    Good Essays
  • Powerful Essays

    This report will analyze different types of business agreement and the requirement of a valid contract. In addition, it explain the differences between condition, warranties and innominate term of a contract.…

    • 6185 Words
    • 25 Pages
    Powerful Essays
  • Better Essays

    Formation of a Contract

    • 1742 Words
    • 7 Pages

    Hubert’s initial e-mail is merely an invitation to treat, demonstrating only a willingness to negotiate rather than an intention to be bound by acceptance. The response from Philip to Hubert’s preliminary enquiry about the green van is, however, clearly an offer. There is intention to be bound by acceptance, demonstrated by the expression “when do you want it?”, combined with identification of the essential elements – the price (£30,000) and the subjects (the green van). There is an added complication in that Philip seeks to confirm the date of delivery. It could be argued that the parties are still in negotiation, requiring a further counter-offer from Hubert before putting matters in a state where simple acceptance would form a binding contract. However, all the essential elements of a contract of sale are contained in the offer, and it is suggested that acceptance would form a binding contract of sale despite lack of agreement on an item of detail .…

    • 1742 Words
    • 7 Pages
    Better Essays
  • Good Essays

    The longest serving Supreme Court Judge William O Douglas most popular quotations is “Common sense frequently makes great law” This quote is what laws are rules and regulations that make common sense is, and to enforced ethical decision. Laws help the public as well as keep many parts in community. In business and society laws serve several roles and functions, and this paper will discuss those roles and functions.…

    • 890 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    The Nature of Agency

    • 385 Words
    • 2 Pages

    A contract agreement is essential when two or more parties decide to do business. Even though verbal contracts is considered legal, companies or individuals involved in the contract negotiations takes the risk of only hearing what they want to hear. According to the video, The Nature of Agency (Cheeseman, 2010), the question was asked by a partner of Quick Takes Video, how can an employee sign a binding contract with Non-Linear Pro without the authorization from the owners. In the video, the owner of Quick Takes Video informs the salesman to make all arrangement with his employee. At that point, the owner put himself at risk by allowing the salesman to assume his employee has the authority to finalize contracts. As an owner with eight years’ experience in contracts agreements, he should have known not to allow any assumption during verbal agreements. At the very least, he should have made it clear; any final contract agreements can be finalized only by the owners of the company.…

    • 385 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Business Law

    • 1461 Words
    • 6 Pages

    In the cases Dahari make offer to James in order to show he accepted the price made on the advertisement. However, James inform Dahari that he already sold out the BMW motorbike, and James making another new offer to Dahari which is another racing motorbike at the price RM220, 000.00.Under Section 2 (b) when the offered signifies his assent to the…

    • 1461 Words
    • 6 Pages
    Good Essays

Related Topics