Danny Development Inc. (Danny) is in the business of acquiring large parcels of farmland and developing them into residential real estate. Danny has pursued Farmer John for a number of years looking to purchase his farm for the purpose of developing Dannyland. Over the years Danny has acquired two other farms adjacent to Farmer John, but Farmer John's farm is critical to the development of Dannyland. Farmer John has always refused Danny's offer to purchase hoping that his children would carry on the family business. However, Farmer John is not getting any younger and has finally realized that his children have no interest in farming. As a result, Farmer John decided to dispose of his 65-acre farm. On September 10th, Farmer John's real estate agent gave Danny's president an offer whereby Farmer John offered to sell the farm to Danny for $5,000,000. The offer was "open" until September 17th and specified that acceptance was required in writing. The real estate agent also confirmed that there were no other potential purchasers looking at the farm.

On September 13th, Famer John's the real estate agent contacted Danny's president and informed her that Farmer John had unexpectedly sold the farm to someone else. In response, Danny's president stated that Danny's Board of Directors had met the night before, had approved the purchase and she had already mailed the formal letter of acceptance.

Danny sued Farmer John for breach of contract.

Discuss the basic elements of a contract and whether the negotiations set out above constitute a legally enforceable contract. Your discussion should include Farmer John's defence. Render a decision.

Would it make any difference if Danny's President had emailed the letter of acceptance instead of mailing it?

Discuss the type of agreement that the parties could have entered into to keep a firm offer open. Would such an agreement impact whether there was an enforceable contract between the parties?

Discuss the law concerning contracts dealing with land and whether the facts set out above comply with the law.

What remedies may be available to Danny if a court determined that the contract was enforceable?