Legal Brief
Legal Brief
Facts summary
Mr. Potbelly holds a garage sale at his home. Mr. Slim Jim stops by the sale and upon noticing a rare piece of art pottery offers a price of $100 for the art that is marked $250. Mr. Potbelly accepts Mr. Slim Jim’s offer. Mr. Potbelly informs Mr. Slim Jim he is selling his home because he is moving up north because he has lost his job. Mr. Slim Jim asks how much he is selling it for and Mr. Potbelly informs him he is thinking $75,000. Mr. Slim Jim offers him $70,000 cash for the property which Mr. Potbelly immediately accepts the offer. Mr. Slim Jim informs Mr. Potbelly that he will be back in one hour with a cashiers’ check made payable to Mr. Potbelly. Mr. Potbelly says “Great!” and that while Mr. Slim Jim is getting the money that he will find a box in his basement for the pottery.
When Mr. Slim Jim returns, Mr. Potbelly has spoken with another person at the garage sale who informed him of the true value of the pottery and the home and tells Mr. Slim Jim to “Get Frosted”.
Mr. Slim Jim is suing to enforce the sale of the pottery and the house.
Law Summary
There was a verbal contract (pg. 107 a set of promises constituting an agreement between parties, giving each a legal duty to the other and also a right to seek a remedy for the breach of the promises/duties) made between Mr. Potbelly and Mr. Slim Jim. This was a bilateral contract (a contract that includes the exchange of a promise for a promise, pg. 107) and there was communication of acceptance (this was necessary “because acceptance is in the form of a promise (not performance). The contract is formed when the promise is made.(pg. 123). A valid (a properly constituted contract having legal strength or force) (pg. 110) express contract (a contract that is stated in words, oral and/or written, pg. 108) was made. The offer was unequivocally accepted (pg. 122).Mr. Slim Jim is fighting for the “right to obtain specific performance” (meaning the right to obtain exactly what was
Facts summary
Mr. Potbelly holds a garage sale at his home. Mr. Slim Jim stops by the sale and upon noticing a rare piece of art pottery offers a price of $100 for the art that is marked $250. Mr. Potbelly accepts Mr. Slim Jim’s offer. Mr. Potbelly informs Mr. Slim Jim he is selling his home because he is moving up north because he has lost his job. Mr. Slim Jim asks how much he is selling it for and Mr. Potbelly informs him he is thinking $75,000. Mr. Slim Jim offers him $70,000 cash for the property which Mr. Potbelly immediately accepts the offer. Mr. Slim Jim informs Mr. Potbelly that he will be back in one hour with a cashiers’ check made payable to Mr. Potbelly. Mr. Potbelly says “Great!” and that while Mr. Slim Jim is getting the money that he will find a box in his basement for the pottery.
When Mr. Slim Jim returns, Mr. Potbelly has spoken with another person at the garage sale who informed him of the true value of the pottery and the home and tells Mr. Slim Jim to “Get Frosted”.
Mr. Slim Jim is suing to enforce the sale of the pottery and the house.
Law Summary
There was a verbal contract (pg. 107 a set of promises constituting an agreement between parties, giving each a legal duty to the other and also a right to seek a remedy for the breach of the promises/duties) made between Mr. Potbelly and Mr. Slim Jim. This was a bilateral contract (a contract that includes the exchange of a promise for a promise, pg. 107) and there was communication of acceptance (this was necessary “because acceptance is in the form of a promise (not performance). The contract is formed when the promise is made.(pg. 123). A valid (a properly constituted contract having legal strength or force) (pg. 110) express contract (a contract that is stated in words, oral and/or written, pg. 108) was made. The offer was unequivocally accepted (pg. 122).Mr. Slim Jim is fighting for the “right to obtain specific performance” (meaning the right to obtain exactly what was