Student Solution

-->

"Education is the most powerful weapon which you can use to change the world”
– Nelson Mandela

1 University

1 Course

1 Subject

Ch 13 Dynamic for Reflection

Ch 13 Dynamic for Reflection

Q Wang orally agreed to sell a thoroughbred horse to Presti for $60,000. When Presti sent a check in payment, Wang told him that he intended to hold the check for a month for tax purposes. Wang retained possession of the horse. While the check remained uncashed, a disagreement arose between Wang and Presti. Wang announced that he would not go through with the transaction and that, since the contract was oral, it was unenforceable. Presti claimed that his sending the check was payment and this action made the oral contract valid and enforceable. Wang denied accepting payment. Is Presti's claim, that sending the check made the contract enforceable, valid? Reference pg. 203 for types of contracts that require a writing. When does the seller actually consummate this transaction? There is no memo and no writing. What is the significance of the concept that no goods and no payment has happened yet have to do with it? (in short, when is an acceptance and acceptance?)

View Related Questions

Solution Preview

I think that this is a clear case of an oral contract being tried to get enforced because of an intimation and initiation of payment made by the interested party named Presti in this particular case. The first problem with the claim of Presti (validating and enforcing the contract for paying a check) is that the contract was not written and was oral. Oral contracts cannot be made enforceable without being put into writing in legal documents and without being signed by both the parties (Liuzzo & Bonnice, 2016).