Question
EACH QUESTION IS HYPOTHETICAL, THERE IS NO OTHER DATA! Each question has to be answered using the IRAC method. 1.Sam and Billie orally agreed to
EACH QUESTION IS HYPOTHETICAL, THERE IS NO OTHER DATA!
Each question has to be answered using the IRAC method.
1.Sam and Billie orally agreed to transfer Sam's ten-acre orchard for $30,000.They neglected to put the contract in writing and had not arranged a time to hand over the deed or the money when the season arrived to put in new trees. Billie made a $5000 down payment to Sam which Sam retained, and Sam permitted Billie to enter the land, at Billie's expense, and remove unproductive trees and plant replacements.Sam now refuses to complete the conveyance and Billie wants to sue.
a)Will Billie prevail? Why and why not? [HINT -Statute of Frauds, part performance]
2.On May 1, 2019, Eckerly Realty Inc. mailed a written offer to Masse for the sale of an office building. The offer included an express term that: "This offer shall expire on June 30, 2019 if the acceptance was not delivered into the hands of Eckerly by the expiration date." On June 30, 2019 at 8:00 a.m., Masse sent a written acceptance to Eckerly via Masse's personal messenger. However, the messenger was not able to deliver the acceptance until July 2, 2019. On July 3, 2019, Eckerly contacted Masse, informing him that the acceptance had been delivered late, and thus refused to honor the acceptance.
- a)Was there a contract formed between Eckerly and Masse? Why and why not?
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