The Open Offer
The Open Offer
Jimmy, an art dealer and merchant, is running out of funds. Luckily, he owns a priceless Van Gogh painting. He writes his friend Tommy. The letter says “Tommy you remember that Van Gogh painting you were interested in buying? I will offer it to you for $500,000. I will give you one month to accept this offer.” Jimmy signs the letter. Tommy receives the letter, and he is very excited. He writes back two weeks later saying that he accepts, and Tommy encloses a check for $500,000. Unfortunately, Jimmy received a better offer for the painting, and Jimmy accepts that one.
Is there a breach of contract?
If so, what remedies may Tommy get?
The requirements below must be met for your paper to be accepted and graded:
Write between 500 – 750 words (approximately 2 – 3 pages) using Microsoft Word.
Attempt APA style, see example below.
Use font size 12 and 1” margins.
Include cover page and reference page.
At least 60% of your paper must be original content/writing.
No more than 40% of your content/information may come from references.
Use at least two references from outside the course material, preferably from EBSCOhost. Text book, lectures, and other materials in the course may be used, but are not counted toward the two reference requirement.
Reference material (data, dates, graphs, quotes, paraphrased words, values, etc.) must be identified in the paper and listed on a reference page.Reference material (data, dates, graphs, quotes, paraphrased words, values, etc.) must come from sources such as, scholarly journals found in EBSCOhost, online newspapers such as The Wall Street Journal, government websites, etc. Sources such as Wikis, Yahoo Answers, eHow, etc. are not acceptable
Solution Preview
A breach of contract can be defined as the failure to perform the contractual duties which have been stated in the agreement. The contractual obligations will focus on the terms of the contract. Where one party fails to complete the requirements provided in the agreement, the transaction will have been breached. For there to be a breach of contract, the plaintiff has to prove before the court that the agreement was valid. A valid contract will focus on the three main elements of a contract,
(710 words)