Question

QUESTION

Mona offers to sell her car to huda for 10,000 dollars. Mona informs huda to think about it and let me know by monday.

On saturday, Mona slips a note under huda's door which says 'forget it, i want to keep my car'

You have been appointed to act for HUDA (Plaintiff)/Mona(Defendant)

Learning Outcomes

Demonstrate legal elements in business operations and the legal rights of parties in written form

debate principles of law through ethical code of conduct

Answer 1

QUESTION: Mona offers to sell her car to huda for 10,000 dollars. Mona informs Huda to think about it and let me know by Monday.

On Saturday, Mona slips a note under Huda's door which says 'forget it, i want to keep my car'. You have been appointed to act for HUDA (Plaintiff)/Mona(Defendant). Learning Outcomes: Demonstrate legal elements in business operations and the legal rights of parties in written form. Debate principles of law through ethical code of conduct.

Answer: There was an oral expressed offer by Mona to sell her car to Huda for the consideration of $10,000. However, it is not mentioned that Huda gave her acceptance to Mona's offer and Mona withdrew her offer before Huda's acceptance and before the expiry of the wait period and notified her in advance to prevent misunderstanding later which can result in breach of contract.

Thus, without any acceptance the contract is still open ended and not in effect as on date and in the absence of Huda's acceptance there is no confirmed/effective contract is place and therefore this contract in invalid and unenforceable by Huda on Mona to fulfill her agreed obligation to sell her car.

Further, this type of contract should have been in written form for the sale of a good having a transaction amount above $500 as it fall under the purview of the Statute of Frauds which is a legal concept that requires certain types of transactions to be in written form and not oral form in order to prevent frauds.

Ethics has no place in law and it is a separate matter. Cases are decided on the basis of law and rules, and not ethics. Everything that is illegal would also be unethical but everything unethical need not necessarily be illegal.

Thus, Huda (plaintiff) cannot make any case out against Mona (defendant) and the case is likely to be dismissed and disposed of as Mona hasn't committed any breach or violation of contractual obligations in the absence of a binding contract.