LAW531 LAW/531 Contract Creation and Management Simulation - 42894

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  • From: Law, Business
  • Posted on: Sun 09 Feb, 2014
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Business Standards Transcript

 

Speaker: Narrator, Robert “Bob” Johnson, Michael Smith

 

Narrator: Bob is a local used-car dealer and he’s feeling pretty good at the moment. He’s about to close a great deal with another used-car dealer, Mike. Mike has agreed to pay Bob more than he expected for a like-new car on his lot. The car’s on consignment from its owner, Al. Bob and Mike had talked about the deal over the phone and e-mail. During Mike’s visit to Bob’s dealership they settled on a final figure of $25,000.00. Once Bob received the payment, he would then write a check to Al for $22,000.00 and keep $3,000 as a consignment fee. All he had to do was say yes.

 

Mike: Sounds great. I can’t believe you’re letting this go for so little. I mean for $25,000 (pause) I feel like I’m stealing. 

 

Bob: Yeah, right?

 

Mike: Take care.

 

To enforce a contract, the following four requirements must be met. Determine if each requirement has or has not been met, and then explain your answer.

 

Offer: Met ______ Not Met ______

Explain:

 

Acceptance: Met ______ Not Met ______

Explain:

 

Consideration: Met ______ Not Met ______

Explain:

 

A Lawful Object: Met ______ Not Met ______

Explain:

Does U.C.C Article 2 (Sales), Section 201 apply in this situation? 

Did Bob's suggestion constitute a counteroffer? Or was it simply an offer to modify an existing contract? 

Can Bob enforce the original terms? 

Solution Description

Narrator: Bob is a local used-car dealer and he’s feeling pretty good at the moment. He’s about to close a gr

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