While jogging around his suburb one morning, Pedro sees a speedboat parked outside a house. There...

While jogging around his suburb one morning, Pedro sees a speedboat parked outside a house. There is a sign posted on the boat’s windshield saying:
“For sale $9,000, Text Andres on 0409876543. Direct buyers only!”
A boat lover, Pedro calls the number advertised and leaves a voice message saying that he’s happy to buy the boat for $7,000. He also leaves his return number.
Andres is busy all day, and only hears Pedro’s message the next morning. He calls Pedro back; he also leaves a voice message saying that Pedro’s price is too low, but he can get the boat for $8,000. That same day, however, another buyer sees the boat and makes a $9,000 cash offer to Andres on the spot. Andres takes the money, signs over the boat’s registration papers, and the buyer tows the boat away.
Pedro passes by Andres’ house and sees that boat is gone. Panicking, he listens to his voice messages and hears Andres’ message for the first time. He calls Andres right away and told him in no uncertain words that he accepts his offer. Pedro now thinks he has accepted Andres’ offer so they now have a contract.
When Pedro finds out that the boat has been sold to someone else, he gets very angry. He argues that he had already accepted Andres’ verbal offer, so he had no right to sell the boat to the other buyer.
Does Pedro have a valid contract with Andres and he entitled to the boat? Explain with reference to all the elements of a valid contract.

Legal problem-solving questions must be answered using the IRAC (Issue, Rule, Application and Conclusion) method

Expert Solution

ANSWER :-

Mr. pdero dosn't have valid Contract with Andres.

We can understand by the Below Elements of the valid Contract or not :-

offer and Acceptance :- contract is inital entring when one porson offer to onther person accepted offer. final offer be clear,define and should be communicated to the offeree.offer and acceptance both are substitue.mutually agreed by both parties.
Here, andres given invitation of offer for his boat .pedro has given also offer which is called counter offer by andres but in replied never communicated final acceptance to the andres offer so that acceptance offer never happend.
Consideration :- consideration is secon require for valid contract so in this case both are never agreed and fixed.
Reliability :- reliaility is element which holds that parties to a contract and define term and condition if it is not clear then contract is not valid. so in above reliability is not agreed upon time,delivery term,credit days.
Capacity of contract :- the parties is willful to execute contract by law so that in above case we are assuming that both parties having willfull to execute contract.
Intent to Create Legal relation :- in the Above case andres has not create leagle relation with pedro so that not matched

Hence pedro has not made valid contract and he can't question adres on the sale transaction made by him.

ekkarill92 answered 1 year ago

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While jogging around his suburb one morning, Pedro sees a speedboat parked outside a house. There...

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