Meeting of the minds

Angie and Lawrence, An independent ASHI certified home inspector and member of the New castle County Board of Realtors, Mark Desmond, (not known to either Eileen or me) was hired to conduct an inspection of the 84 Chandler Court property. As a result, four (4) defects, classified as “Major Defect” were identified in a report, of which a copy was provided to you. While you have agreed to two (2) “Major Defect” items, replace a leaking water heater and remediation of the fungal growth on main…

A standard contract is between two or more people written on paper, through verbal exchange, or agreed electronically. A standard real estate contract consists of many components beyond the standard contract. The general ones are below. Offer and acceptance Real estate contracts require one person or party to create a contract. An example of an offer is a seller's home for sale or rent. The recipient reads and accept/decline the terms. Then, the other party, as confirmation of the term…

Many individuals reside in rental properties that require a residential lease. In order to be considered valid, certain requirements must exist. It is also important to understand the basic rights for both the landlord and the tenant(s). Finally, this paper will explore what legislation and civil rights laws have done in regards to the landlord-tenant relationship. It is important to first understand the requirements that are needed in order to make a lease valid. These are capacity to contract,…

Did Jergins accept First Texas;s offer? In the Glossary on page G-15 of Business Law, The Ethical, Global, and E-Commerce Environment (2016), it defines offer as, “A proposal by one person to another that is intended to create legal relations on acceptance by the person to whom it is made.” (Mallor, Barnes, Langvardt, Prenkert, & McGrory, 2016, p. G-15) According to Leagle.com (1986, March 12) Yes, Ms. Yvonne Jergins accepted First Texas offer by completing the entry form and deposited it with…

Did Jim and Laura Buy a Car? Charles Rohan Professor Robert Cantrell LEG 100 January 29, 2017 Today many people go in to business with one another because one party has something the other party wants. In order to get what is wanted you often have to pay a fee associated with the item or service that is for sale. When these purchases are large and require a loan that comes with a repayment plan we then head into what is called a contract. A contract is an agreement that creates…

1) SCULPTURa v Eric The agreement between SCULPTURa (S) and Eric (E) contains clear express terms: E is to supply a suitable piece of his land to accommodate S’s major art exhibition for a rental fee. Contractual rights and obligations can either be written, oral or inferred by conduct. Since there was no formal contract drafted between S and E, written or signed by either party, this agreement is, therefore, an oral contract; legitimised by both a handshake and consideration in the form of…

1. (a) Going through Naiker’s case, we will be concluding if there is an enforceable contract or there is not an enforceable contract. In Naiker’s case, Ahmad is the offeror and Naiker himself is the offeree. Basically, Naiker somehow developed an interest in playing the piano, and he wanted to purchase a second hand piano for learning purposes. Ahmad knew about it and he decided to post an offer by letter to Naiker to sell his piano on Monday 2 June stating, “Good quality piano for sale $2,500.…

1) Dorothy and Brian I: Had the contract between Dorothy and Brian come into existence? In particular, was Dorothy obligated to sell her house to Brian? R: Offer and counter-offer “An invitation to treat is essentially an indication that a person is prepared to negotiate” “Acceptance cannot be interfered from the silence or inaction of the offeree” . A: Brian offered to buy Dorothy’s house and Dorothy replied Brian that she would sell the house for $2.000.000. Brian countered Dorothy’s offer…

Introduction The major issue of the case was (1) whether there was a constructive trust and (2) whether the certainty of interest in the property justified its existence. This was the first case to apply the principles laid down in Cobbe v Yeoman’s Row Management Ltd, distinguishing interest pursuant to formal written agreements from interest in property. In addition, Mr. Justice Morgan in Herbert (para 91) touched on the topic of certainty in constructive trust and in contract. This case…

Offer is defined by Treitel as an expression of willingness to enter into a contract with intention to create legal relation that it shall become binding obligation without any further negotiation, Offer can be in different form such as letter, email, newspaper advertisement, fax and conduct only if offeror is prepared to have a contract. Offer has 3 elements, 1: intention/willingness, 2: specified terms (method of payment) and 3: no further negotiation. There are two types advertisement, 1:…