Question
Motors entered into an oral option with Hap, Inc., for $50. The option was to purchase at cost any late model used yacht received by
Motors entered into an oral option with Hap, Inc., for $50. The option was to purchase at cost any late model used yacht received by Motors as a trade in on a new yacht for the next 100 days. Hap paid the $50 in cash and promptly sent Motors a signed memorandum which correctly described the agreement and its terms. Motors did not respond until after 30 days had elapsed and it had discovered they had made a very bad bargain. Motors notified Hap that they would no longer perform under the terms of the option, which they alleged was invalid, and enclosed a check for $50 to Hap. Which of the following is correct?
- The oral option is invalid for lack of consideration.
- The Statute of Frauds can be validly asserted by Motors to avoid liability.
- Motors has entered into a valid contract with Hap.
- Options for a duration of more than three months are unenforceable.
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