Stan V. Amy Tan Case

Improved Essays
Consideration is additionally a primary component of a lawfully binding contract. In law, this refers to a valuable act or item listed for the stipulated supply. It is often within the sort of cash, a service, reliance on the agreement, or an appointment to refrain from capital punishment a specific action (Beale & Tallon, 2002). supported this description, the agreement between Stan and therefore the couple in question includes a thought. In exchange for holding the automobile for on a daily basis, Jim and Laura in agreement to pay a payment of $100. Similarly, Stan indicated that the deposit created by this couple was refundable.
Based on an in-depth analysis of the case in question, it's right to claim that there was a de jure binding contract between Stan and also the couple. Firstly, an agreement might occur although it's not in writing. during this case, Stan neither wrote a receipt for the deposit obtained from Jim and Laura nor documented the essential terms of the agreement. though the parties in agreement on the delivered conditions via language, the contract is as
…show more content…
the method of buying an automotive might take many days owing to the registration, finance, and insurance necessities. throughout the waiting amount, several patrons mirror on the quantity of cash they're outlay on the car and start to question the rationality of their call. an oversized proportion of the purchasers notices some way to terminate the group action (Chisholm & South East community college, 2004). Jim and Laura represent this cluster of patrons. The couple visited the native dealer with the first intent of buying a vehicle. They saw a blue 4-door Sedan and placed a $100 holding deposit. The agreement comprised the four major parts of a good contract. the very fact that Stan failed to gift a receipt or the other piece of writing to the couple indicates the existence of associate degree

Related Documents

  • Great Essays

    The court decided the contract was a sale of services and was enforceable because the agreement consisted of a…

    • 1318 Words
    • 5 Pages
    Great Essays
  • Decent Essays

    SCOTT V. CARPANZANO United States Court of Appeals, Fifth Circuit, 556 Fed. Appx 288 (2014) FACTS: Rick Scott deposited $2 million in an escrow account into Salvatore Carpanzano’s company. Because of his violation of the escrow agreement, his funds were withdrawn. Scott was not able to recover his money so filed a suit Salvatore Carpanzano, which included his daughter Carmela Carpanzano. Scott did not make any allegations on Carmela’s part.…

    • 339 Words
    • 2 Pages
    Decent Essays
  • Decent Essays

    On April 5th, 2016 I attended the Harris County 215th Civil Courthouse located at 201 Caroline St, Houston, TX 77002. The civil court case was that of Elizabeth Cardona v. Melissa and Daisy Estrada. Cardona was the plaintiff whereas the Estrada sisters were the defendants. The civil court judge was Elaine Palmer. Cardona stated that the sisters approached her at her place of work in a clothing store in Deerbrook Mall and discussed a lucrative investment opportunity in the business promising her a share of the profits from the store in return for her investment which was over eighty thousand dollars that the plaintiff totally invested.…

    • 258 Words
    • 2 Pages
    Decent Essays
  • Improved Essays

    Levine v. Mcgrath 1. Against For She could stay with her sister It is what Sarah wanted She could see her school friends and grow up in the same neighbourhood she had before 2. Separating the sisters was not the main concern in this case as Sarah wanted to move herself, and they would still be able to see each other on alternating weekends if they wished to.…

    • 1178 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    In the case, Brady v. Maryland 373 U.S. 83, Certiorari was granted to a decision of the Court of Appeals of Maryland to consider whether petitioner was denied a federal right when the appeals court restricted its grant of a new murder trial to the question of punishment, leaving the determination of guilt undisturbed. The appeals court granted a retrial after holding that suppression of evidence by the state violated petitioner's rights under the Due Process Clause, U.S. Constitutional Amendment XIV (Law School Case Briefs, 2013). Furthermore, there was a judgement that had granted the petitioner a new murder trial that was solely based on the issue of his punishment. Since the petitioner was convicted of murder and then sentenced to death in his first trail with the Maryland Court, the petitioner was then informed that the Maryland Courts had withheld a statement that indicated that another individual had admitted that exact homicide. What the Supreme Court had concluded from this case was that, because of the suppression of the evidence was in favorable to an accused upon the request that violated the Due Process Clause required the court to a…

    • 739 Words
    • 3 Pages
    Improved Essays
  • Great Essays

    Psy 230 Week 4

    • 1820 Words
    • 8 Pages

    This case has multiple issues that need to be discussed and clarified. First of all, Cory advances an advertisement regarding selling his computer. He then affirms that the binding will start according to the date of the acceptance. His first offer comes by email, but encounters some faults that delay its arrival. The email is followed by a fax that counter-offers the initial proposed price.…

    • 1820 Words
    • 8 Pages
    Great Essays
  • Improved Essays

    Symmonds V. Tai Landlaim

    • 467 Words
    • 2 Pages

    Eddie Money’s drummer, Glenn Symmonds sued for wrongful termination in October. More recently, his fiancé decided to join the suit with sexual harassment claims against Money. The original discrimination suit claimed that Money mocked his disabilities on stage and sexually harassed his fiancé (with repeated lewd advances). The sexual harassment claims were included in an amended lawsuit that was filed in California state court.…

    • 467 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    R V. Tran, 2010 SCC 58

    • 315 Words
    • 2 Pages

    The Supreme Court of Canada is the foundation of Canadian Law in our society. It keeps the criminals at bay, and the innocent free. In my opinion, the Supreme Court of Canada does it’s job in upholding a high standard of effectiveness and success. It effectively balances the rights of individuals against the needs of society The case R v. Tran, 2010 SCC 58, [2010] 3 S.CE. 350 clearly portrays the effectiveness of the Supreme Court of Canada.…

    • 315 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    Dred Scott Ruling In the Supreme Court’s decision on Dred Scott’s many consequences brought tension surrounding the issue of slavery in the United States. “In the case, the Supreme Court rules that Scott was still a slave, and therefore, he had no right to file the suit in the United State court as he was not a citizen and did not have any legal rights” (Horton). This case may have been the one of most controversial in American history due to the fact that it deals with such a disputable topic as slavery. In this paper, I will discuss legal and cultural events from the Dred Scott v. Sandford case that may have flared the start of the Civil War.…

    • 708 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Judge Kaufman Case

    • 1875 Words
    • 8 Pages

    In a history-making action, Federal Judge Irving R. Kaufman imposed death sentences yesterday on two spies convicted of stealing the atomic bomb secret for Soviet Russia and sentenced a third spy to thirty years in a Federal penitentiary. Julius Rosenberg, 32 years old, an electrical engineer, and his wife, Ethel, 35, received the death penalty. They are parents of two sons, Michael 8, and Robert, 4. Morton Sobell, 34, an electronics expert, escaped death penalty only because his complicity was not proved equal to that of the Rosenbergs. He and his wife, Helen, are parents of a girl, Sydney, 11 years old, and a son, Mark, 18 months old.…

    • 1875 Words
    • 8 Pages
    Improved Essays
  • Improved Essays

    They were therefore right to engage the salesman who accepted to sale the blue sedan since it was on display. The second line of facts concerns the conversation and agreement between the salesman and the couple. It is stated that the salesman accepted the cash payment of $100 and gave them a guarantee that it would be refunded in case they decided not to buy the car. In this situation, it is stated that the buyers were not issued with a receipt as proof of payment made for the deposit of the car.…

    • 864 Words
    • 4 Pages
    Improved Essays
  • Decent Essays

    Xander Kanalos Coach Blount 4th Period 14 March 2018 Dred Scott v. Sandford,1857 The Dred Scott v. Sandford case was the most impactful in the supreme court and in general to everything that is constitutional. The case called for a man who was a slave that sued for freedom in their state which was Missouri(slave state). This case was important to African Americans and the United States because of the laws that were put in place after this case.…

    • 812 Words
    • 4 Pages
    Decent Essays
  • Improved Essays

    Promissory Estoppel Essay

    • 707 Words
    • 3 Pages

    This essay seeks to discuss the Doctrine of Promissory Estoppel and the Doctrine of Consideration, as well as a clear analysis, with the use of case law, how Promissory Estoppel has become an exception to the general principle that a promise may only be enforced if it is supported by good consideration; it will ultimately conclude whether or not a promise to accept a smaller sum in discharge of a larger sum, if acted upon, is binding notwithstanding the absence of consideration. A contract is a legally binding agreement in law between two or more parties, which is enforced by law or by binding arbitration if it covers the elements of a valid legal agreement. For there to be a valid contract, three elements must be present, offer, acceptance, and consideration. If there is no consideration, there is no contract; however, with promissory estoppel instead of consideration, if there is a promise which induces reliance, the court would find some sort of liability for the promise.…

    • 707 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Case 13.3 Kohel v. Bergen Auto Enterprises, LLC Superior Court of New Jersey, Appellate Division, 2013. 2013 WL 439970. Issue: This case involved allegations of breach of contract involving which parties and for what actions?…

    • 508 Words
    • 3 Pages
    Improved Essays
  • Superior Essays

    Contracts are an integral part of society, having strong legal contractual principles gives confidence to consumers, investors and anyone who wishes to enter into a contract. Entering in a contract shows that in a primitive way that two parties are on the same page, however it is noted that a high proportion of litigation does actually stem from misunderstood contract (Duxbury (2011)).In this scenario Gary believes he has a valid contract with Mike and is disappointed to learn that Mike has sold on the Bike to Liz (third party). Using previous cases as precedent and analysing the conditions in which a contract is made, advice will be given to Gary on his legal position in regards to the contract and whether there is any suitable remedy that…

    • 1534 Words
    • 6 Pages
    Superior Essays