Comp and the Law - Texas Mustang

Comp and the Law - Texas Mustang - The first thing that we...

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The first thing that we need to consider in order to determine who is at fault for this mishap between Texas Mustangs and you is if a contract was formed or not. This will allow us to further investigate the case, and allow us to figure out whose responsibility this really was. A contract is a promise, in performance of which the law sees as a duty or for the breach of which the law will provide a remedy in the form of damages. There are three things that need to happen in order to form a contract: an offer to contract, an acceptance of the offer, and adequate consideration. The first thing we need to know is if there was an offer. The website that described the sale could have been an offer, or it could have simply been an advertisement. An offer is a manifestation of an intention to contract, and the buyer needs to accept the offer. In order for the website to be an offer, it needed to have contained a specific quantity, provide a price, and say how to and who can accept the offer. An advertisement is an offer to deal, or it can simply be an invitation to offer. In this case, Texas Mustangs was unspecific about quantity, but it is implied by referring to it as “a speedster”, meaning only one. It gives the price, $6,900, and anyone with enough money and a way to pay online could accept this offer. This could be considered an offer in court because it contains the three elements of an offer. However, in the case of “Leftkowitz vs. Great Minneapolis Surplus Store, Inc. 1957”, it was determined that an offer leaves nothing
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This note was uploaded on 04/10/2008 for the course CPSC 180 taught by Professor Robertdunne during the Fall '06 term at Yale.

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Comp and the Law - Texas Mustang - The first thing that we...

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