Preview

Ls311-04 Business Law Case

Satisfactory Essays
Open Document
Open Document
481 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Ls311-04 Business Law Case
Contract of the Encyclopedias
Kaplan University
Ls311-04 Business Law
Unit 4
Professor Strauss

Case Scenario
Carrie offered to sell a set of legal encyclopedias to Antonio for $300.00. Antonio said that he would think about her offer and let her know his decision the next day. Norvel, who overheard the conversation between Carrie and Antonio, said to Carrie, "I accept your offer..” Carrie gave
Norvel the books.
The next day, Antonio, who had no idea that Carrie had already sold the books to Norvel, told
Carrie that he accepted her offer. Is Carrie obligated to sell the encyclopedias to Norvel? Why or why not? Has Carrie breached a valid contract with Antonio? Explain.
…show more content…
Antonio had chosen to think about it and told Carrie that he would let her know his decision the next day. From what I gathered from our text, Carrie had contract with Antonio, because she had made an offer to him. An offer in our text is described as a promise given to someone or some kind of commitment of an act for something in the future. There are three elements to an offer “there must be a serious, objective intention by the offeror, the terms of the offer must be reasonably certain, or definite, so that the parties and the court can ascertain the terms of the contract. The offer must be communicated to the offeree.” (Miller & Jentz) I would say that Carrie made an offer to Antonio and therefore they have a verbal contract until Antonio denies the

You May Also Find These Documents Helpful

  • Good Essays

    Research shows that Mr. Jones is better off forming an S-corporation opposed to a partnership. 26 U.S. Code 1361 states that an S-corporation is a company that operates domestically within the United States as well as the state in which the Articles of Incorporation are filed. It is more beneficial to be a domestic corporation because home states offer opportunities to reinstate active status to corporations who lapse in registration and taxes. If Mr. Jones fails to pay his annual taxes on time, his S-corporation status can be reinstated after he squares away what he owes within a reasonable period of time. S-corporations are allowed to distribute one kind of stock, but they are limited to having 100 shareholders or less. Mr. Jones is eligible to start his used car dealership as an S-corporation because he is a resident…

    • 1139 Words
    • 5 Pages
    Good Essays
  • Good Essays

    Roberta broker never stated which shares of stock was actually sold. Furthermore, Roberta oral instructions never specified which specific shares of stocks she wanted to be sold.…

    • 503 Words
    • 3 Pages
    Good Essays
  • Good Essays

    1. Yes and yes. The bank had a valid security interest in all of Able's equipment, including after-acquired equipment. After-acquired clauses are valid. The only question is whether the bank's security interest could attach to the backhoe. Attachment requires that the debtor has rights in the collateral. This doesn’t necessarily mean that the debtor must own the goods. Ablest had the lawful use and possession of the backhoe, based on his purchase agreement with Myers. He then would have had rights in the backhoe, and as soon as he took possession of it, the bank's security interest would be attached. Because of this, the bank will get the backhoe.…

    • 840 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    Business Law Case 3-3

    • 282 Words
    • 2 Pages

    Should a party to a lawsuit have to hand over its confidential business secrets as part of a discovery request? Why or why not? What limitations might a court consider imposing before requiring ATC to produce this material?…

    • 282 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    If Mary damages a client’s hair she would be held liable. According to our textbook, Mary would cause injury to the plaintiff. Mary was to provide a duty of care to the customer. She breached this duty of care “failure to exercise care or to act as reasonable person would act (Cheeseman, 2010, p. 81).” The reason I state, that is because the customer trusted Mary with their hair and she damaged the client’s hair. As long as Celia and Mary register their boutique name with the United States PTO in Washington, DC, and the PTO approved it, there should not be any legal problems. If Celia and Mary decide to offer…

    • 571 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Business Law Case Brief

    • 1158 Words
    • 5 Pages

    Statement of Facts: On 8 May 2015 David Smith drove his car through a red light. Afterwards, he then plowed into Ms. John Doe’s car, mangling it beyond repair. Fortunately, Ms. Doe escaped with minor scratches and bruises, even though she was seven and one-half months pregnant. Four days later she delivered a stillborn infant. The operating physicians concluded the unborn baby had died from injuries sustained in the accident. Ms. Doe had seen Dr. Horace Mann at her regularly scheduled check-up approximately two weeks before the accident. His records show Ms. Doe was in good health and the child’s condition was “normal” for one conceived about seven months earlier. Dr. Mann thinks the baby was probably capable of a separate existence outside the womb.…

    • 1158 Words
    • 5 Pages
    Good Essays
  • Good Essays

    In result she confronted him and told him good job and notified him that he knew which he really didn’t. Victor blushes for a moment and then she asks a question. According to…

    • 326 Words
    • 2 Pages
    Good Essays
  • Satisfactory Essays

    Summary: Marie-Claude operated a bowling alley in a commercial area that was adjacent to a residential area. Many small children used the parking lot near the bowling alley as a playground, and Marie-Claude was constantly tell these children leave the parking area maybe they will get injured. However, one six years old boy climb onto the flat roof of the bowling alley and while he is running, tripped and fell to the ground. But Marie-Claude continued to order the child off the roof by several times when he was on the roof.…

    • 1244 Words
    • 5 Pages
    Satisfactory Essays
  • Good Essays

    Business Law 531 Week 1

    • 467 Words
    • 2 Pages

    “Litigation is the bringing, maintaining, and defense of a lawsuit” (Cheeseman, 2010). There are two forms of litigation: traditional and nontraditional. The pretrial process is divided into pleadings, discovery, dismissals and pretrial judgments, and settlement conference. This is followed by the trial proceedings and appeals, if applicable. Nontraditional litigation includes ADR, alternative dispute resolution. “The most common form of ADR is arbitration” (Cheeseman, 2010). Other forms include negotiation and mediation. It is up to management to determine which form of litigation is appropriate for the organization.…

    • 467 Words
    • 2 Pages
    Good Essays
  • Satisfactory Essays

    Business Law 4th Case

    • 455 Words
    • 2 Pages

    FACTS: On March 29, 1983, about 8:28 P.M., Patrolman Michael Aselton of the Barnstable police department was on radar duty at Old Stage Road in Centerville. He saw the defendant's motorcycle speed by him and commenced pursuit in a marked police cruiser with activated warning devices. The defendant "realized a cruiser was behind him but did not stop because he was `in fear of his license.'" The pursuit lasted roughly six miles through residential, commercial and rural areas. At one point, the defendant had gained a 100 yard lead and crossed an intersection, continuing north. The patrolman's cruiser approached the intersection at about "76 m.p.h. minimal" and passed over a crown in the roadway which caused the patrolman to brake. The wheels locked and the cruiser slid 170 yards, hitting a tree. Patrolman Aselton died as a result of the impact. The defendant had no idea of the accident which had occurred behind him. "No other vehicles were in any way involved in the causation of the accident." The stipulation further states that the decision to terminate a high-speed chase "is to be made by the officer's commanding officer." No such decision to terminate the pursuit had been made at the time of the accident. The Barnstable police department determined that patrolman Aselton died in the line of duty.…

    • 455 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Law 310 Week 6 Case Studt

    • 307 Words
    • 2 Pages

    What problems do you think Dr. Patel might see with the fact that you have taken the property under a quitclaim deed?…

    • 307 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Acceptance - Essay

    • 635 Words
    • 3 Pages

    Only Antonio had the power to turn Carrie’s offer into a binding legal obligation by accepting the offer (Miller, 2008). This power was not indefinite and could be terminated by action of the parties or by operation of law through rejection, revocation, or counteroffer. For revocation to be effectively used the revocation must be communicated to the offeree prior to acceptance and can be done with an express repudiation of the offer, a statement expressing your intent…

    • 635 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Why Do Men Cheat?

    • 957 Words
    • 4 Pages

    home to confront her. When she did come to the door, the author’s boyfriend who was…

    • 957 Words
    • 4 Pages
    Good Essays
  • Better Essays

    to accept his offer by telling her of his long-term commitment for her in the…

    • 840 Words
    • 4 Pages
    Better Essays
  • Good Essays

    Postal Rule

    • 927 Words
    • 4 Pages

    Day 3: Before A receives B's acceptance, B telephones A and states she wishes to reject the offer.…

    • 927 Words
    • 4 Pages
    Good Essays