Question
Seller owns a van used in her plumbing business. When Seller purchased a new van, she decided to sell the old one. On MONDAY, Seller
Seller owns a van used in her plumbing business. When Seller purchased a new van, she decided to sell the old one. On MONDAY, Seller sent an email to Buyer, who runs a lawn service company located across the street from Seller, stating: Dear Buyer, I would sell my old van to you for $15,000 cash. [Signed Seller] Buyer immediately responded with an email that said: I'm interested. If you can give me until Sunday to decide, I'll have my mechanic stop over this week and check it out. [Signed Buyer]
A few minutes later, Seller responded: Sounds good. Your mechanic can stop over any time. [Signed Seller]
On TUESDAY, the mechanic checked over the van and reported to Buyer that, although the van needed a new set of tires, $15,000 was a great price. Buyer decided to purchase the van and told the mechanic to order the new tires it would need.
Late Tuesday evening, Seller sent an email to Buyer stating: Jones Dry Cleaning just said they might be interested at $17,000 for the van.
Buyer did not read the email and, on WEDNESDAY, Buyer mailed a letter to Seller stating: I agree to buy the van for $15,000. I'll drop off the check on Saturday. [Signed Buyer] On THURSDAY, Seller sent an email to Buyer stating: This is to inform you that the van was sold to Jones Dry Cleaning.
On FRIDAY, Seller received the letter from Buyer and immediately sent an email to Buyer repeating that the van had already been sold.
Seller fails to deliver the van to Buyer.
Buyer sues Seller for breach of contract.
- Was there proper offer and acceptance on this transaction? Quote the rules on offer and acceptance and then apply it to this situation. (3 points)
- Was there mutual assent and consideration on this transaction. Quote the rules and the apply it to this situation. (3 points)
- Will the Buyer prevail on a breach of contract claim? Why or why not? (2 points)
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