Preview

Letter To Wheeler In Breach

Good Essays
Open Document
Open Document
577 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Letter To Wheeler In Breach
On September 1, Jennings, a used-car dealer, wrote a letter to Wheeler in which he stated, “I have a 1955 Thunderbird convertible in mint condition that I will sell you for $13,500 at any time before October 9. [Signed] Peter Jennings.” By September 15, having heard nothing from Wheeler, Jennings sold the Thunderbird to another party. On September 29, Wheeler accepted Jennings’s offer and tendered $13,500. When Jennings told Wheeler he had sold the car to another party, Wheeler claimed Jennings had breached their contract. Is Jennings in breach? Explain.

Legal environments in business
Today legal environment of business is full of agreements between individuals and business. Although oral agreements can be used to constitute a sale contract, but most corporations used formal written contracts when
…show more content…

Wheeler ought to have acted during a lot of timely fashion, however it looks that no contact was created, either way, to specific interest or not. Fifteen days gone with no word from wheeler thus being the owner of the car Jennings has right to sell the car. In this case, Wheeler is not a careful buyer as common sense tells anybody even slightly interested in car that price is a steal. Sale contract requires acceptance as well as intimation from the buyer in respond to the offer. Wheeler requires to send an intimation letter to the Jennings that “I am agree to purchase” the car but he does not sent any intimation letter. Now wheeler cannot file any suit against Jennings. For exemplar "In the case of daily life, if you go to merchandise area unit displayed and it 's means that you ought to move and select what you need, the contract isn 't completed yet, till you indicated the articles you wants to purchase, the merchant, or somebody on his behalf, accepts that and provide you the article you want to purchase. Now contract is

You May Also Find These Documents Helpful

  • Satisfactory Essays

    12) Mr. Anderegg did sell jacobs civic hatch back. Your client knows that it was her sons vehicle. $500 was used for jacobs school books, emergency room visit and computer parts, however it's my sole responsibility to pay for our sons insurance and gas, but I belive your client is paying his phone bill.…

    • 480 Words
    • 2 Pages
    Satisfactory Essays
  • Powerful Essays

     Jeff could return the vehicle and receive his down payment of $1200 back, minus the depreciation of the vehicle Cereal Inc. vs Grocery Inc. Grocery Inc. vs cereal Inc. (Contract Law) 1. Was there an agreement? .…

    • 1103 Words
    • 8 Pages
    Powerful Essays
  • Good Essays

    A dealer sold a new car to Raymond Smith. The sales contract contained language expressly disclaiming liability for personal injuries caused as a result of defects in the car and limiting the remedy for breach of warranty to repair or replacement of the defective part. One month after purchasing the auto, Smith was seriously injured when the car veered off the road and into a ditch as a result of a defect in the steering mechanism of the car.…

    • 610 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Chapter 11 Business law

    • 475 Words
    • 2 Pages

    Signal Sets Company contracts to deliver one hundred 52-inch plasma high-definition television sets to a new retail customer, Tuner TV Store, on May 1, with payment to be made on delivery. Signal tenders delivery in its own truck. Tuner's manager notices that some of the cartons have scrape marks. Tuner's owner phones Signal's office and asks whether the sets might have been damaged as they were being loaded. Signal assures Tuner that the sets are in perfect condition. Tuner tenders Signal a check, which Signal refuses, claiming that the first delivery to new customers is always for cash. Tuner promises to pay the cash within two days. Signal leaves the sets with Tuner, which stores them in its warehouse pending its "Grand Opening Sale" on May 15. Two days later, Tuner's stocker opens some of the cartons and discovers that a number of the sets are damaged beyond ordinary repair. Signal claims Tuner has accepted the sets and is in breach by not paying on delivery. Will Signal succeed on these claims? Explain.…

    • 475 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Unit 45

    • 826 Words
    • 4 Pages

    To begin with this offer is an invitation to treat as it’s advertised in a newspaper and it’s open to everyone to make an offer. As Bob has refused to pay for the car he does not have to pay or risk any legal actions for being in breach of contract if he refuses to pay. Bob does not have to pay for the car as a contract has never taken place and none of the three requirements took place.Jamal rejected Bob`s first offer.…

    • 826 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Contracts are essential in the business world and apply to both large and small businesses (Lau, 2011). Essentially, contracts are a legally enforceable promise to do something in exchange for something of value (Beesley, 2016). Elements of a contract formation include offer, acceptance and consideration (Colorado State University – Global Campus, 2016). Without proper formation, contracts can be invalid (Lau, 2011). The six elements of contract formation are offer, acceptance, consideration, mutuality of obligation, competency and capacity, and sometimes a written instrument (US Legal, n.d.). Contracts can be both bilateral, meaning an agreement between two parties, or unilateral, where action is taken by one party or group (Lau, 2011). This…

    • 833 Words
    • 4 Pages
    Good Essays
  • Powerful Essays

    Real Property

    • 1357 Words
    • 6 Pages

    Because Birdwell did not rescind the contract he will be required to pay the $90,000 because he did not consult an attorney and because the real estate agent put a new price on the property of $50,000. However, since the contract was silent at risk, the Uniform Vender and Purchaser Risk Act, Birdwell could request this option. However, neither party had insurance on the property.…

    • 1357 Words
    • 6 Pages
    Powerful Essays
  • Better Essays

    “All contracts are agreements, but not all agreements are contracts” (Luizzo, 2010, pg. 79). In business, contracts are used to employ people and to sell goods, and to sell services (Luizzo, 2010, pg. 79). For a contract to be enforceable legally it must contain certain elements. There must be an offer made to one party and acceptance by another party; there must be consideration; all involved must mutually agree; all parties must be competent; there must be proper…

    • 1560 Words
    • 7 Pages
    Better Essays
  • Better Essays

    The main dispute here is if the $100 deposit was a valid contract to buy the car as the salesman is stating. Prior to this the timeline went as following, Jim and Laura met Stan the salesman who shows off an array of options based on the preferences Jim and Laura presented. Stan allows Jim and Laura to test drive these cars to get a feel for the experience behind the wheel. Jim and Laura then decide on the blue 4-door sedan as their favorite, and this is the car listed in the contract by Stan. At this point the selection here was an equivalent of bookmarking or favoriting something on a web browser for example. Also we see no signs of a contract being…

    • 1135 Words
    • 5 Pages
    Better Essays
  • Powerful Essays

    This report will analyze different types of business agreement and the requirement of a valid contract. In addition, it explain the differences between condition, warranties and innominate term of a contract.…

    • 6185 Words
    • 25 Pages
    Powerful Essays
  • Better Essays

    Formation of a Contract

    • 1742 Words
    • 7 Pages

    Hubert’s initial e-mail is merely an invitation to treat, demonstrating only a willingness to negotiate rather than an intention to be bound by acceptance. The response from Philip to Hubert’s preliminary enquiry about the green van is, however, clearly an offer. There is intention to be bound by acceptance, demonstrated by the expression “when do you want it?”, combined with identification of the essential elements – the price (£30,000) and the subjects (the green van). There is an added complication in that Philip seeks to confirm the date of delivery. It could be argued that the parties are still in negotiation, requiring a further counter-offer from Hubert before putting matters in a state where simple acceptance would form a binding contract. However, all the essential elements of a contract of sale are contained in the offer, and it is suggested that acceptance would form a binding contract of sale despite lack of agreement on an item of detail .…

    • 1742 Words
    • 7 Pages
    Better Essays
  • Good Essays

    References: Kubasek; Brennan; Browne, N. (2008). Legal Environment of Business [VitalSouce bookshelf version]. Retrieved from http://digitalbookshelf.argosy.edu/books/0558228925/id/ch09…

    • 1077 Words
    • 5 Pages
    Good Essays
  • Good Essays

    The longest serving Supreme Court Judge William O Douglas most popular quotations is “Common sense frequently makes great law” This quote is what laws are rules and regulations that make common sense is, and to enforced ethical decision. Laws help the public as well as keep many parts in community. In business and society laws serve several roles and functions, and this paper will discuss those roles and functions.…

    • 890 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    The Nature of Agency

    • 385 Words
    • 2 Pages

    A contract agreement is essential when two or more parties decide to do business. Even though verbal contracts is considered legal, companies or individuals involved in the contract negotiations takes the risk of only hearing what they want to hear. According to the video, The Nature of Agency (Cheeseman, 2010), the question was asked by a partner of Quick Takes Video, how can an employee sign a binding contract with Non-Linear Pro without the authorization from the owners. In the video, the owner of Quick Takes Video informs the salesman to make all arrangement with his employee. At that point, the owner put himself at risk by allowing the salesman to assume his employee has the authority to finalize contracts. As an owner with eight years’ experience in contracts agreements, he should have known not to allow any assumption during verbal agreements. At the very least, he should have made it clear; any final contract agreements can be finalized only by the owners of the company.…

    • 385 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Business Law

    • 1461 Words
    • 6 Pages

    In the cases Dahari make offer to James in order to show he accepted the price made on the advertisement. However, James inform Dahari that he already sold out the BMW motorbike, and James making another new offer to Dahari which is another racing motorbike at the price RM220, 000.00.Under Section 2 (b) when the offered signifies his assent to the…

    • 1461 Words
    • 6 Pages
    Good Essays

Related Topics