Question
Andrew and Erica are Attends who are both enrolled in ACTG 2P40. OnJanuary10, Andrew andErica were discussing the suddenrisein valueofshares of GME,acorporationlistedon theToronto Stock Exchange.The
Andrew and Erica are Attends who are both enrolled in ACTG 2P40. OnJanuary10, Andrew andErica were discussing the suddenrisein valueofshares of GME,acorporationlistedon theToronto Stock Exchange.The shares had risen from $10.00 per share on January7to$40.00pershare and were being widely promotedonREAD-IT,astock analysis website.Erica did not haveatrading account and asked Andrew if hehadany excess sharesinhis account that he would selltoher.Andrewofferedto sell her 100 sharesfor$40.00pershare.Erica said she wouldlethim knowassoon as possible.On January 12,Erica toldAndrew that she would accept his other anddelivered a cheque to him for $4,000.00.Andrew refusedtoaccept the cheque since the shareswerenowtradingfor$42.00pershare.
EricacommencesanactionagainstAndrewclaimingthattheyhaveavalidcontract.Oneweeklaterthesharesdroppedto$16.00pershare.
Andrew now agrees that thereisabinding contract and sues Erica whensherefusestopay.Ericanow claimsthatthere is no contractandthat inanyeventacontract cannotbeenforced againsthersincesheisonly17anditwasa"friendly"deal.
Required:Discuss the applicable legal principles and advise whether there is an entorceablecontract and, if so,onwhatterms.Does it makeadifferencewhetherthe value of the sharesincreasesordecreases?
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