Question
Discussion Prompt: Chapter 6, contract law, explains the legal classification of contracts, elements of a valid contract, legal status, discharging, and breach of contract.After perusing
Discussion Prompt:Chapter 6, contract law, explains the legal classification of contracts, elements of a valid contract, legal status, discharging, and breach of contract.After perusing the chapter, answer the following questions under the prompts for all parts:
Part 1:Seck, a real estate broker, had knownFoulksfor a long time.FoulksaskedSeckto help him sell his ranch andSeckagreed. However,Foulksrefused to giveSecka formal listing agreement. "You know doggone well, you know me, I'm not going to cheat you out of a commission," saidFoulks. Nevertheless,Secktook out one of his business cards and jotted down the basic terms of the listing on the backofthecard. He wrote down the price, deposit amount, and the terms of the promissory note, along with the phrase, "6% comm."Seckthen askedFoulksto initial and date the card.Foulkswrote, "3/24/65 GWF."Seckfound a buyer for the ranch, butFoulksrefused to paySecka commission. WhenSecksued,Foulksargued that the notes on the business card weren't enough to comply with the statute of frauds.
- Did the statute of frauds require more than the notes? Explain.
Part 2:Ben accepts Kylie's offer on his townhouse. It turns out that the roof needsreshingling. Kylie says Ben has to pay for it, but Ben says it's Kylie's responsibility, since the roof was an obvious defect at the time of the offer (the shingles were badly curled). They can't reach an agreement on this point, so the transaction fails to close. Kylie sues Ben, Ben makes a counterclaim against Kylie, and the listing agent sues Ben
- What remedy is the buyer likely to seek?
- What remedy is the seller likely to seek?
- What remedy is the listing agent likely to seek?
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