98%(86)84 out of 86 people found this document helpful
This preview shows page 4 - 6 out of 6 pages.
After reviewing the statement of facts, it can be said that Pearl’s bid of $8,500 for the dress was noticed and acknowledged by Cassie and was the highest bid at the time. Upon offering the funds to Cassie, Pearl was refused the exchange of the funds for the dress as it was stated that Jade had bided an additional $500 after Pearl had raised her paddle. This action had never occurred which would then leave Pearl the opportunity to sue for breach of contract and bring forth Specific Performance before the court as the dress is one of a kind and unable to be bought or sold elsewhere. Although it was never stated that the dress was sold to Pearl by Cassie, one can argue that it was an implied contract as the bid was acknowledged and was the highest at that moment. However, Candie and CARDWARE could argue that a contract was never formed since it was never announced by the fall of the hammer that the dress had been soldto Pearl, or anyone for that manner. I believe that Pearl has a chance at succeeding in court
against Candie and CARDWARE for Specific Performance and breach of contract, but Candie and CARDWARE have a defense of their own that could be used against Pearl.
References:Breach of Contract and Lawsuits. (n.d.). Retrieved May 07, 2017, from -lawsuits.html/Miller, R. L. (2013).Cengage Advantage Books: Fundamentals of Business Law: Summarized Cases, 9th Edition. [Kaplan]. Retrieved fromU.C.C. § 2-328