Question: Wilbur, who has had difficulty making up his mind for most of his 29 years, was sitting around on Sunday with some of his friends.
- Wilbur, who has had difficulty making up his mind for most of his 29 years, was sitting around on Sunday with some of his friends. At one point, he says, "I'm going to try to sell my car, and if I get an offer close to $9,000 I'm going to take it." Andy, one of the friends, thinks to himself that this might be a good deal. The following events occur later that same week:Monday: Wilbur arranges with the local newspaper for an advertisement to run beginning on Saturday which will say, "1999 Honda Prelude, excellent, 1st $8,000 takes it. See it at 1902 Maple Street."
- Tuesday: Andy delivers a note to Wilbur, which Wilbur reads later on Tuesday. The note says, "I'll take your car for $9,000" and is signed by Andy.
- Thursday: Wilbur thinks he may have under-priced the car and calls the paper to cancel. It is too late to make changes for Saturday so the ad runs. A new ad will start Sunday that does not mention a price but he expects that the car should bring close to $10,000.
- Saturday: Bob shows up with $8,000 in hand to buy the car. Wilbur refuses to sell the car to Bob.
- Andy and Bob each separately sue Wilbur wanting to force him to sell the car claiming that a contract has been formed.
Consider all of the facts above and applying what you have learned about contract formation and the elements required, address each case separately (Andy v. Wilbur and Bob v. Wilbur) and respond to the following items:
1. Determine whether there is a valid and enforceable contract.In doing so, you must identify whether all necessary elements are present, explain where/how they are present. If certain elements are missing and you believe a valid contract was not created, you must explain what elements are missing.
2. After analyzing both cases and determining whether a valid and enforceable contract exists in either case, provide an opinion on how you believe each case might turn out. In doing so, you must describe and explain any arguments you believe the respective parties might use.
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