Bob owns an antique lamp that is worth $5,000. Bob knows that Phil desperately covets the...

Bob owns an antique lamp that is worth $5,000. Bob knows that Phil desperately covets the lamp. Wanting to play a good gag on Phil, Bob invites Phil and Roberta to his house. He pulls Roberta aside and says to her, "I'm going to pretend to sell my lamp to Phil. Watch his reaction, it should be funny." Bon then says to Phil, I'll sell you my antique lamp for $1,000." Phil responds, "Okay, sure. You've got yourself a deal." Bob then responds, "I was just joking." and refuses to turn over the lamp. Phil sues Bob for breach of contract. What is Bob's best defense against a breach of contract lawsuit?

Expert Solution

Status of the contract: Despite of the offer from bob and acceptance from Phil other elements to the valid contract has not be fulfilled. Such as Consideration, Legal relationship (Since bobs intention was never to sell this lamp to Phil, he was just pranking on him, so no legal relationship), etc. This could be enough to proof that contract wasn't vaild contract but contract has been formed by the misunderstanding from Phil

And bobs has all legal opportunity to proof that Worth of the lamp is more than at what phil intended to purchase it, Law doesn't prevail loss of one party to the contract (ie bob), and benefit to the other party to the contract. (Phil).

Hence, this were the option available to bob against such case.

Rahul Sunny answered 2 years ago

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