Question: Important Keys Letters or Emails are not considered a Contract. Electronic Contract or Paper Contract have to be title contract according to my personal experience
Important Keys
- Letters or Emails are not considered a Contract. Electronic Contract or Paper Contract have to be title contract according to my personal experience at least in Maryland. It might be different in other states.
- It only says they were responding each other through emails and letters and nothing was sign.
- Even if the email was considered a contract Jordan gave a deadline to get a response.
- Most Businesses considered Saturday and Sundays as not working days. Businesses operate from Monday to Friday.
- Santiago was selling an authentic piece of art, but Jordan has the right to confirm if it is or not authentic.
- Santiago also knew about the rumors of Authenticity.
Legal Areas
- Fraud: Santiago knew about the rumors and still was trying to sell it as an authentic piece of art.
- Contract Law: If a contract really exists and one side is not willing to do their obligations. Both sides had agreed on the terms. The timing of acceptance and revocation.
- Criminal Law: If Santiago knowingly sold a forged painting in order to make money.
Santiago's acceptance was effective under contract principles because the Mailbox Rule comes in.
I think Jordan can void the contract because the piece was not authentic, but also if the court does not consider emails and letters as contract.
In conclusion, I think there was not a contract because there was nothing sign, or it never mentions of something being sign. It looks like it was more like an agreement. For example, you can make a verbal agreement or written agreement of buying a house or car, but until you do not sign a paper, the sellers cannot hold you responsible or force you to buy it. As a mention before from my experience in order to make a contract official it has to say contract and signatures. Also, Jordan runs a business and most business at least the administration side only works from Monday to Friday, even if they would have received that letter on Saturday depending on the state, the court could consider that it was too late. Also, if Santiago sent Jordan an email the first time about the art why did he sent a letter the second time to accept the offers. It looks like Santiago knew about the mailbox rule and Jordan would still be forced to buy the art.
Reply to peer discussion post in short.
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