This order is for a law school coursework assignment. This is a two parts assignment which consist of three discussion questions, and 5 Yes or No questions/answers. Discussion A and B have been answers. Please provide an explanation to support the answer. Please edit discussion for grammatic errors.
Discussion A:
Ed sends an email at noon on Tuesday to his four closest friends, Andy, Bob, Carl, and Dan, that states as follows:
I need to sell my car immediately for $5,000 cash. It goes to the first person I hear from and that can deliver the cash tomorrow.
All of the following happens on the same day:
Andy calls Ed at 1:10 p.m. but Ed does not answer. Andy leaves a message on Ed’s phone saying “I will buy it. I will bring the cash tomorrow”. Ed listens to the message at 1:30 p.m.
At 1:15 p.m. Bob sends an email to Ed that states: “I will buy it.” I will bring the cash tomorrow”. Ed reads the email at 1:20 p.m.
At 2:00 p.m. Carl shows up at Ed’s house. Carl hands Ed a check for $5,000 and requests the keys and the title to the car.
At 1:00 p.m. Dan puts $5,000 cash in an envelope addresses it properly to Ed and puts it in a mail box.
Andy and Bob show up the next day at the same time with $5,000 cash.
Who gets the car? Explain why you chose that answer. Carl.
Discussion B:
Ed sends an email at noon on Tuesday to his four closest friends, Andy, Bob, Carl, and Dan, that states as follows:
I need to sell my car immediately for $5,000 cash. It goes to the first person I hear from and can deliver the cash tomorrow.
All of the following happens on the same day:
Andy calls Ed at 1:10 p.m. but Ed does not answer. Andy leaves a message on Ed’s phone saying “I will buy it. Call me when you get this message”. Ed never hears the message because he dropped his phone in a bucket of water and ruined it.
At 1:15 p.m. Bob sends an email to Ed that states: “I will buy it. I will bring $1,000 cash tomorrow and pay you the rest of the cash when I get paid in two weeks”. Ed reads the email at 1:20 p.m.
At 2:00 p.m. Carl shows up at Ed’s house. Carl tries to hand Ed a post dated check for $6,000 that would not be good for a month.
At 1:00 p.m. Dan puts $5,000 cash in an envelope. Dan puts the wrong address on the envelope and puts it in a mailbox. The envelope goes to one of Ed’s neighbors who delivers the envelope to Ed a week later.
Did anyone properly accept Ed’s offer? If not, what rights does Ed have? Justify your answer. Yes
Discussion C
Draft a short fact pattern that illustrates the Parol Evidence Rule.
Susan and Al agreed in writing that Al would construct an additional room on Susan’s house. The agreement contained a “no-oral modification” clause. During the course of the work, Susan asked Al how much it would cost to add one foot to the length of the room. Al told Susan it would cost $5000. Susan replied, “That sounds fine. Go ahead with the work as soon as you can.” Al calculated that he would net $1000 on the extra work. That evening, Al decided to surprise his wife by buying a new computer for her. The computer cost $750. The next day, Susan met Al and advised him that she had changed her mind about lengthening the room. Al threatens to sue Susan for $1000, his lost profits. If AL goes ahead with his suit against Susan who will prevail?
Joan is a realtor living and working in California. Bob knows Joan casually through mutual acquaintances. At 9:00 a.m. on Monday, June 30, Joan faxed a letter to Bob at his office stating that she had 100 acres of undeveloped land, at the intersection of First and Main, which she would sell him for $1,000 per acre. Joan’s letter also stated: “Unless I receive your written acceptance by 5:00 p.m. on Thursday, July 3, my offer will expire. I will not offer this same acreage to any other prospective buyer until 5:00 p.m. on Thursday, July 3, 2003, or until you reject this offer, whichever occurs first.” Across the bottom of Joan’s letter was printed:
“Joan, Realtor
3700 South Susan Street, Santa Ana, CA 92704
Tel: (562) 555-5555
Fax: (562) 555-5556
E-Mail: [email protected].”
At 1:00 p.m. on July 3, just before he rushed out of the house to catch a flight, Bob sent an e-mail to “[email protected]” stating: “I agree to buy your 100 acres for $1,000 per acre. Have a great Fourth of July!” Bob’s e-mail reached Joan’s e-mailbox less than a minute later, but she did not check her e-mail until after 5:00 p.m. on July 3.
Direction: Begin your answers with a Yes or No, then provide support. You are to incorporate the essay writing style as the following define, analyze, conclude method to your support.
1. Was Joan’s fax an offer to sell Bob 100 acres of undeveloped land for $1,000 per acre? Yes
2. Regardless of your answer to Question 1, if Joan offered to sell Bob 100 acres of undeveloped land for $1,000 per acre, was she obligated to offer the land exclusively to Bob until 5:00 p.m. on Thursday, July 3, or until he rejected the offer, whichever happened first? No
3. Returning to the facts, assuming Joan offered to sell Bob 100 acres of undeveloped land for $1,000 per acre, did Bob accept her offer by the terms of his July 3 e-mail? Yes
4. Assuming Joan offered to sell Bob 100 acres of undeveloped land for $1,000 per acre, if Bob died before 5:00 p.m. on July 3d, and before responding to Joan’s offer, could his son, Rochester, have accepted Joan’s offer, provided he did so according to its terms? No
Suppose Joan started working the phones, anxious to sell the property before she left town for the July 4th holiday weekend. Before noon, she exchanged faxes with Sam, who agreed to purchase the land for $1,050 per acre. At 12:00 p.m., by which time Bob had already left the office and his staff had gone home early for the holiday weekend, Joan sent a fax to Bob’s office revoking her offer. No one returned to Bob’s office (and, therefore, no one saw the fax) until 8 a.m. on Monday, July 7th.
5. Was Joan’s revocation effective? Yes
