(SOLVED)Sally decided to hold a garage sale.
Writing Assignment # 8
Sally decided to hold a garage sale. She posted signs in the neighborhood which read: “Giant Garage Sale — Electronic keyboard: $200 (one only), designer clothes, CD’s, Books and More! Sunday, Noon to 4:00 p.m.”
On Sunday, Andy saw one of Sally’s signs, and arrived at her home promptly at noon. He examined the keyboard and then announced, “I’ll take the keyboard for $200, but first I need to get a truck to move it home. I’ll be back before 4:00 with the money and a truck.” Before Sally could respond, he left.
Sally’s friend, Betty, stopped by at 1:00, and saw a designer gown. Betty told Sally, “I’d love to buy that gown, but I can’t afford it!” Sally replied, “I had hoped to get $400 for the gown, Betty, but you’ve helped me out before, and I’ve always wanted to pay you back. So, if I can’t sell it for $400 by 3:30, the gown is yours for free.” Betty thanked Sally and left.
At 1:30, Chuck browsed through the garage sale and found a set of art books. “I want to buy these,” he told Sally, “but I don’t have any cash with me.” “That’s O.K.,” Sally replied. “I’ll sell you those books for $100. The offer’s open until 4:00.” “Thanks,” Chuck answered, “I’ll be back as soon as I can.”
At 3:30, Betty called Sally and asked if anyone had purchased the gown yet. “Not yet,” Sally replied. “No one’s here so I’m going to close up early. It looks like it’s yours.” “Thanks,” Betty responded. “I am going to run to the store and buy shoes and a purse that match the gown.”
At 3:45, Debbie arrived at the sale, pointed at the gown Sally had promised to Betty, and said, “I’ll buy that gown for $300, and I’ll buy that set of art books too.” Sally sold the gown and books to Debbie.
Chuck returned before 4:00, saw Debbie carrying the books and said to Sally, “You can’t sell those books to her! We had a deal!” Although he attempted to give Sally $100, she refused the money.
Betty arrived shortly thereafter, and showed Sally the shoes and purse that she had purchased to go with the gown. Sally told her the evening gown had been sold.
Does Andy have an enforceable contract with Sally? Discuss.
Does Betty have an enforceable contract with Sally? Discuss.
Does Chuck have an enforceable contract with Sally? Discuss.
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EXPERT SOLUTION PREVIEW
Validity of Contracts
The determination of whether Andy, Betty or Chuck had an enforceable contract will be based on whether a valid contract had been formed. A valid contract requires an offer, acceptance and consideration.
The UCC governs contracts for the sale of goods which are movable things at the time of identification to the contract. All of the items sold by Sally are movable and therefore, goods. Thus, the UCC will control.
Andy v. Sally for keyboard
An offer is an outward manifestation of a present contractual intent requiring definite and certain terms, communicated to the offeree.
Sally’s posted signs
Sally’s posted signs which stated Electric Keyboard: $200 (one only) were not an offer because it is not definite as to who the parties are. It is a solicitation for offers that invites people to come to her yard sale and negotiate with her as usually happens at yard sales.
Sally may argue that since the sign was specific in the number of keyboards for sale (1) and the price ($200) and time for acceptance (Noon to 4:00 p.m.) it contained sufficient details to be considered an offer. Further, since Andy responded to the sign by arriving promptly at noon willing to pay the $200, he showed that he believed it was an offer that was available for acceptance.
Under the UCC, which liberally construes the requirements of an offer, quantity and parties must be included for it to be an offer. Since the parties were not definite, it is not a…..