Question

In: Accounting

Analyze the following three situations: Aaron offers to sell his house in Chicago to Brian for...

Analyze the following three situations: Aaron offers to sell his house in Chicago to Brian for $500,000. Unknown to Aaron, Aaron’s uncle has died and left him a house in Chicago worth $5 million. Brian hears of the uncle’s death, agrees to the offer, and then sues Aaron to have Aaron convey the more expensive property. Is there a contract? Support your answer Every year the Muscular Dystrophy Foundation has a telethon to raise money. In the heat of the moment, Veronica calls in a pledge of $250. When the charity moves to collect the money, Veronica says she has changed her mind. The foundation sues Veronica to redeem the pledge. Will the foundation be successful? Support your answer Bess is 80 years old and takes mediation whenever she has a heart palpitation. As a side effect of the drug, Bess becomes dizzy and disoriented. During the period of disorientation, an encyclopedia sales-person rings Bess’s doorbell and convinces her to buy a set of encyclopedias. The next day, when the effect of the medicine wears off, Bess realizes what she has signed. Can Bess disaffirm the contract? Support your answer

Solutions

Expert Solution

In 1 case.. there is no contract only mutual acceptance is here. And no tranfert is taken place as per information. So aron can refuse to . If transfer of property and consideration in amount is taken place then aron can sue only in case of contract. For contract it should be in written and consideration, transfer of property take place.

In 2 case

A charitable pledge is enforceable if it is a legally binding contract. A legally binding contract exists when there is agreement between the parties and there has been “consideration” given in exchange for the pledge. These are known as the three essential elements of a contract. If any one of the three is missing, the contract is invalid and unenforceable.

The agreement between the parties contains the first two elements: offer and acceptance. The promise by the donor to contribute funds constitutes the offer. The promise should be unconditional or if payment is conditioned upon the occurrence of a specific event, that event should be stated clearly. Acceptance occurs when the charity accepts the pledge. This is usually accomplished by some form of expressed acceptance such as an acknowledgement letter or even the delivery of a pledge card signed by the charity and the donor. It is important for the charity to document its acceptance of a pledge.

The third element of a valid contract—the consideration—is the element most likely to be problematic in the context of charitable pledges, although the law has been drifting in favor of the charities. What does the charity give to the donor that serves as consideration? It could be the written evidence needed by the donor to claim the charitable contribution deduction (although the charity should not issue that until the pledge has been fulfilled). But correspondence indicating that such a valuable document is forthcoming may be useful. Agreement to publicly recognize the donor may constitute consideration; agreement to name a building after the donor is definitely valuable consideration.

So there is foundation be successful when there is legally bind bind contract.

In 3 case

She can refuse by court by proving her medical condition.


Related Solutions

Brian mortgaged $200,000 on his house 10 years ago. The mortgage was 25-year fixed rate at...
Brian mortgaged $200,000 on his house 10 years ago. The mortgage was 25-year fixed rate at 8%. He realizes today that a refinance opportunity is available at 5% for the rest of his mortgage. Assume there are no additional fees. For simplicity, assume annual mortgage payment. Please show all your work. a.) What was Brian’s annual mortgage payment? b.) If he took the refinance opportunity, what is his new annual mortgage payment? Do not use Excel, please. Need to make...
Cohen contracts to sell his house and lot to Windsor for $100,000. The terms of the...
Cohen contracts to sell his house and lot to Windsor for $100,000. The terms of the contract call for Windsor to pay 10 percent of the purchase price as a down payment. The terms further stipulate that if the buyer breaches the contract, Cohen will retain the deposit as liquidated damages. Windsor pays the deposit, but because her expected financing of the $90,000 balance falls through, she breaches the contract. Two weeks later, Cohen sells the house and lot to...
A seller agrees to sell his house for $459,000. His listing agreement indicates he will pay...
A seller agrees to sell his house for $459,000. His listing agreement indicates he will pay a 5% commission to his broker. He also expects to pay 3% of the purchase price towards closing costs. What is the net proceed the seller can expect at closing? Show your math
(i) A offers to sell his goods to B by a letter posted on 1st March....
(i) A offers to sell his goods to B by a letter posted on 1st March. B receives A 's letter on 3rd March. Can A revoke his offer? (ii)B posts his letter of acceptance on 4th March. A receive B's acceptance on 6th March. Can B revoke his acceptance?
Sam Seller offers to sell his home to Pat Purchaser for the sum of $160,000. Pat...
Sam Seller offers to sell his home to Pat Purchaser for the sum of $160,000. Pat Purchaser responds that she will only purchase the home for $150,000. Sam Seller rejects Pat Purchaser’s offer to purchase for $150,000. Pat Purchaser then offers $160,000 for Sam Seller’s home. Is there a contract between Sam Seller and Pat Purchaser for the sale and purchase of the home at $160,000?
10-2. Chris contracts to sell his house and lot to Kahra for $250,000. The terms of...
10-2. Chris contracts to sell his house and lot to Kahra for $250,000. The terms of the contract call for Hayaa to pay 20 percent of the purchase price as a deposit toward the purchase price, or as a down payment. The terms further stip¬ulate that should the buyer breach the contract, the deposit will be retained by Chris as liquidated damages. Kahra pays the deposit, but because her expected financing of the $190,000 balance falls through, she breaches the...
Andrew is an 80 years old aged man, who agreed to sell his house to David...
Andrew is an 80 years old aged man, who agreed to sell his house to David for 5,20,0000 Taka but he inadvertently signed the contract with David for 520,000 Taka. David is now seeking to enforce the agreement. Advise Andrew on the legal ramifications of this case and also make him aware of the essential elements of contract
Which of the following questions should Brian consider to determine whether his paragraphs are well- developed?...
Which of the following questions should Brian consider to determine whether his paragraphs are well- developed? A. Did he use figurative language? B. Did he use descriptive language? C. Did he provide sufficient evidence to achieve his purpose? D. Did he use a confident tone?
Analyze the cost of capital situations of the following company cases, and answer the specific questions...
Analyze the cost of capital situations of the following company cases, and answer the specific questions that finance professionals need to address. Consider the case of Turnbull Co. Turnbull Co. has a target capital structure of 45% debt, 4% preferred stock, and 51% common equity. It has a before-tax cost of debt of 8.2%, and its cost of preferred stock is 9.3%. If Turnbull can raise all of its equity capital from retained earnings, its cost of common equity will...
Analyze each of the following situations below and provide your assessment of the potential resolution of...
Analyze each of the following situations below and provide your assessment of the potential resolution of each scenario, including potential liability for the auditor or audit firm involved. a) The audit firm James & Mason, CPA received a subpoena for its documentation related to the audit of Handsome Corporation’s financial statements. The firm has refused to respond, alleging that the documentation is considered privileged communication between the firm and its client. b) Sara CPA is a defendant in a lawsuit...
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT