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Lashundra Jones_LS311_Unit 4 Case Study

Lashundra Jones_LS311_Unit 4 Case Study - At the present...

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Unit 4 Case Study: Breach of Contract 1 Unit 4 Case Study: Breach of Contract Lashundra Jones Kaplan University LS311-03 Professor Thompson January 29, 2011
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Unit 4 Case Study: Breach of Contract 2 Unit 4 Case Study: Breach of Contract After reviewing the case, I find that Carrie is not obligated to sell the encyclopedias to Norvel because the initial offer was not made to him. According to our reading on who can accept; a third party cannot substitute for the offeree and effectively accept the offer. As stated in the study Norvel over heard the conversation between Carrie and Antonio and had no room to accept the offer because the offer was not formally made to him. By giving Novel the encyclopedias, Carrie breached a valid contract with Antonio. This is because she made an offer to sell to Antonio and accepted the terms of the contract that Antonio would give her an answer the next day. Carrie’s offer was a serious intent to sell the books for $300 and was communicated so to Antonio.
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Unformatted text preview: At the present time Carrie can revoke her offer to Norvel because Norvel is a third party to the contract and the offer was not initially made to him. Because she accepted the terms of the contract with Antonio and there was not a lapse of time she can revoke her offer to Norvel. She can also revoke her offer as long as the revocation is communicated to the offeree before the offeree accepts (Jentz & Miller, 2008.) It also boils down to her morals, if she wanted to do the right thing she would tell Norvel that she has offered the books to Antonio and has accept his offer to give her an answer tomorrow. Then she should inform Norvel at that point if he decides not to purchase the books that he is more than welcome to purchase them. But fare is fare and as of right now she has entered into a verbal contract with Antonio. Unit 4 Case Study: Breach of Contract 3 Reference Miller, R., & Jentz, G. (2008). Fundamentals of business law part I. Boston, MA: Cengage...
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