Law/421 Week5

In: Business and Management

Submitted By 3summer
Words 365
Pages 2
Scenario 2

Brian McDonald had an incredible train collection it consisted of rare and one-of-a-kind trains. One day whole visiting another hobbyist Harry, Brian told him that when he retired from his job he would sell his trains and spend his life traveling on real trains. Brian once told Harry that he was the only person who he would sell his trains to because he know Harry would take care and appreciate as much as he did. Harry was excited and said he looked forward to the day when he could buy the trains. Harry spent the next two years and a large portion of his savings building a new 2,000-square foot room in his home to make room for his new collection of trains. Harry told Brian that he was building a new room but Brian did not reply and simply smiled. When Brian retired he sold his collection not to Brian but to a neighbor, James. Harry was furious and hurt so he sued Brian.
Unfortunately, Harry did not have Brian sign any contract to prove that Brian had an obligation to sell the trains to him. According to the Cheeseman (2010) a contract is “a promise or a set of promises for the breach of which the law gives a remedy or the performance of which the law in some way recognizes a duty” (p. 156). The problem is that no one made an offer, and a contract is created if an offer is made and accepted. Therefore, Harry would not have a case against Brian based on spoken contract because no terms were agreed upon.
Harry could also argue that because he built the addition to his house and borrowed money from his aunt based on the promise from Brian. Harry suing Brian for his monetary losses is a lost cause even under the equitable claim of promissory estoppel. Again, in the eyes of the law Brian did not “promise” anything to Harry (Cheeseman, 2010).

Reference
Cheeseman, H. R. (2010). The legal environment of business and online commerce: Business…...

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