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Jean-Michel v . Rosenfeld PC10 Brief

Jean-Michel v . Rosenfeld PC10 Brief - would be unfair for...

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Jean-Michel Basquiat v . Rosenfeld (PC10 p434) Issue Did the contract between Jean-Michel and Rosenfeld fail due to the Statue of frauds? Rule Contract - 1)Offer 2)acceptance 3)consideration Statute of Frauds - 1)Sale of Goods for $500 or more UCC Alternative means of Satisfying Sale of Goods contract - 1)Confirmatory memorandum between merchants 2)part payment or part delivery 3)admission in pleading or court 4)specially manufactured goods. Quasi-Contract - 1)Benefit conferred 2)knowingly accepted and 3)retains will be unjust Application Rosenfeld argues that he conferred a benefit to Jean-Michel in the form of $1,000 on October 25, as 10 percent down payment to purchase 3 paintings. Jean-Michel accepted the cashed knowingly because he forced a contract that stated "$12,000-$1,000 deposit --Oct 25 82". It
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Unformatted text preview: would be unfair for Jean-Michel to retain the benefit because Rosenfeld will be out of the $1000 and the painting that he was going to purchase. Rosenfeld argues even though the sale of the good was more than $500, in this case $12,000 fraud was no committed because of the written statement by Jean-Michel, and his acceptance of partial payment of $1000 from Rosenfeld. Jean-Michel has not argument for the reception of payment. Jean-Michel has no argument on acceptance. Conclusion No the contract between Rosenfeld and Jean-Michel did not fail, because it did not meet the elements of status of Frauds, as a written contract was present and a payment of $1000 was made by Rosenfeld to keep promise with Jean-Michel....
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