MT311-02_Unit 4_Assignment_Marjorie Bowden

MT311-02_Unit 4_Assignment_Marjorie Bowden - chance to...

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Acceptance Page 1 of 3 Marjorie Bowden MT311-02
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Acceptance Page 2 of 3 Carrie offer to sale a set of legal encyclopedias to Antonio for $300, and he told her he would let her know the following day. The conversation was overheard by Norvel who accepted Carries offer, and Carrie sold the books to him. Antonio told Carrie the following day that he would accept her offer, not knowing she had already sold them to Norvel. Is Carrie obligated to sell the encyclopedias to Norvel? Has Carrie breached a valid contract with Antonio? In the manner of transactions taking place, Carrie would be obligated to Norvel. Because of the offer, acceptance, and carrying out of offer, Carrie and Norvel have entered into an Express contract. An Express contract is defined as a contract in which terms of agreement are stated in words, oral or written. There is a fine line on the breach of contract with Antonio. Carrie made the offer to furnish the legal encyclopedias to Antonio for the price of $300, but she failed to give Antonio a
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Unformatted text preview: chance to reject or accept the offer before selling them to Norvel. In my opinion the agreement between Carrie and Antonio could be considered an Implied-in-fact contract. An Implied-in-fact contact is defined as a contract formed in whole or in part from the conduct of the parties. There are three requirements for an Implied-in-fact contract. They are as follows: 1) Plaintiff furnished service or property. 2) The plaintiff expected to be paid, and the defendant that a payment was expected. 3) The Defendant had a chance to reject the services or property and did not. Carrie never gave Antonio the chance to accept or reject the offer. Carrie should have given Antonio the opportunity to accept or reject her offer before deciding to sell the legal encyclopedias to Norvel. Acceptance Page 3 of 3 References: Miller, R. L., & Jentz, G. A. (2008). Fundamentals of business law part i. Mason, OH: Cengage Learning....
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MT311-02_Unit 4_Assignment_Marjorie Bowden - chance to...

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