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dealing with concepts of formation of a contract: offer and acceptance formation of a contract: consideration and intention formation of a contract: capacity to contract

dealing with concepts of

  • formation of a contract: offer and acceptance
  • formation of a contract: consideration and intention
  • formation of a contract: capacity to contract and legality of object

answer the following clearly stating the legal issue and applying the legal principles.

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Andrew and Erica are iends who are both enrolled in ACTG 2P40. On January IO, Andrew and Erica were discussing the sudden rise in value of shares of (3MB, a corporation listed on the Toronto Stock Exchange. The shares had risen from $10.00 per share on January 7 to $40.00 per share and were being widely promoted on READ-IT, a stock analysis website. Erica did not have a trading account and asked Andrew if he had any excess shares in his account that he would sell to her. Andrew offered to sell her 100 shares for $40.00 per share. Erica said she would let him know as soon as possible. On January 12, Erica told Andrew that she would accept his offer and delivered a cheque to him for $4,000.00. Andrew refused to accept the cheque since the shares were new trading for $42.00 per share. Erica commences an action against Andrew claiming that they have a valid contract. One week later the shares dropped to $16.00 per share. Andrew now agrees that there is a binding contract and sues Erica when she refuses to pay. Erica now claims that there is no contract and that in any event a contract cannot be enforced against her since she is only 17 and it was a \"'iendly\" deal. W: Discuss the applicable legal principles and advise whether there is an enforceable contract and, if so, on what terms. Does it make a difference whether the value of the shares increases or decreases

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