1. A seller (Mark) and a buyer (John) both collect antique dolls as a hobby. Both...
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1. A seller (Mark) and a buyer (John) both collect antique dolls as a hobby. Both live in the same small city and are avid readers of magazines about antique dolls. The seller placed an advertisement in an antique doll magazine seeking to sell an antique doll manufactured in 1820 for $12,000. On March 30, the buyer saw the advertisement and telephoned the seller to discuss buying the doll. Here is the telephone conversation between Mark and John: John, "saw your advertisement and I am interested in purchasing the doll. I am willing to pay $12,000 for it if you will deliver it to my house here in town." Mark, "Ok, we have an agreement, and I will bring it to you on April 2nd I will also get the $12,000 at that time." That was the extent of the conversation. On March 31, Mark received a telephone call from another antique doll collector (Janice). The collector had seen the seller's advertisement for the doll and expressed interest in buying it. After some discussion, Mark and Janice agreed to a sale of the doll to the collector for $13,000. After the above discussion with the antique doll collector, Mark called John, and said "I am sorry, but I have changed my mind about selling this doll, and I will not go through with the sale." John said. "We have an agreement and I expect you to perform as agreed" 1a. Is there a contract for the sale of the doll that is enforceable against Mark when John sues for a breach? Explain. This requires a COMPLETE IRAC analysis of every legal issue. 1b. Is there a contract between Mark and Janice? Must do a complete legal analysis of that, also (20 points for the complete legal analysis of each of the two-2 points for the legal issue, 3 points for the complete rule of law, 10 points for the analysis, and 5 points for the correct conclusion) 1c. Assuming that there is a contract enforceable against Mark and that Mark breached that contract with John, can John get specific performance of the doll? Additional facts: John can replace the doll with one that is similar, but not nearly as rare for $7,000. Mark, also still has the doll because he decided not to sell it to anyone. Just need a complete explanation for this. (worth 10 points) 1. A seller (Mark) and a buyer (John) both collect antique dolls as a hobby. Both live in the same small city and are avid readers of magazines about antique dolls. The seller placed an advertisement in an antique doll magazine seeking to sell an antique doll manufactured in 1820 for $12,000. On March 30, the buyer saw the advertisement and telephoned the seller to discuss buying the doll. Here is the telephone conversation between Mark and John: John, "saw your advertisement and I am interested in purchasing the doll. I am willing to pay $12,000 for it if you will deliver it to my house here in town." Mark, "Ok, we have an agreement, and I will bring it to you on April 2nd I will also get the $12,000 at that time." That was the extent of the conversation. On March 31, Mark received a telephone call from another antique doll collector (Janice). The collector had seen the seller's advertisement for the doll and expressed interest in buying it. After some discussion, Mark and Janice agreed to a sale of the doll to the collector for $13,000. After the above discussion with the antique doll collector, Mark called John, and said "I am sorry, but I have changed my mind about selling this doll, and I will not go through with the sale." John said. "We have an agreement and I expect you to perform as agreed" 1a. Is there a contract for the sale of the doll that is enforceable against Mark when John sues for a breach? Explain. This requires a COMPLETE IRAC analysis of every legal issue. 1b. Is there a contract between Mark and Janice? Must do a complete legal analysis of that, also (20 points for the complete legal analysis of each of the two-2 points for the legal issue, 3 points for the complete rule of law, 10 points for the analysis, and 5 points for the correct conclusion) 1c. Assuming that there is a contract enforceable against Mark and that Mark breached that contract with John, can John get specific performance of the doll? Additional facts: John can replace the doll with one that is similar, but not nearly as rare for $7,000. Mark, also still has the doll because he decided not to sell it to anyone. Just need a complete explanation for this. (worth 10 points)
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Answer 1a Issue Is there a valid and enforceable contract between Mark and John Rule of Law In order ... View the full answer
Related Book For
Statistics The Exploration & Analysis Of Data
ISBN: 9780840058010
7th Edition
Authors: Roxy Peck, Jay L. Devore
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