Adam e-mails Barbara, offering to sell her 500 shares of Microsoft common stock for $40 each, for
Question:
Adam e-mails Barbara, offering to sell her 500 shares of Microsoft
common stock for $40 each, for a total of $20,000. Barbara immediately writes
back, saying "I accept your offer regarding the 500 shares of Microsoft for
$20,000." At the time, Microsoft shares were usually selling for about $50 each.
When Adam realizes what other people are selling their stock for, he sends
Barbara a note saying: "I have changed my mind - forget about buying the
MSFT shares." Barbara sends Adam a check for $20,000, but Adam does not
cash the check, and he does not transfer the shares to Barbara. If Barbara sues
Adam to enforce her bargain regarding the shares of stock, what would the
expected result be in court?
a. Adam has a good defense that Barbara was not providing adequate
consideration for the shares, because the price was too low, and the judge will
rule that they had no enforceable contract.
b. Adam has a good defense that he has not cashed the check, so there was no
consideration paid for the shares, and the judge will rule there was no
enforceable contract.
c. The judge should rule that Barbara was entitled to the benefit of her bargain,
and will enforce their agreement as a contract. The price of $40 per share is
"adequate consideration" even though it might not be as high as Adam might
have wanted.
d. The judge should rule that even though they had no valid contract, they had a
"quasi-contract" that should be enforced as if it was a contrac