Wednesday, November 20, 2019
Crockett Essay Example | Topics and Well Written Essays - 500 words
Crockett - Essay Example e of the product based on social trends that justified higher demand, which is no different than other retailers or special buyers (such as in a flea market or similar environments). It would be extremely difficult for Crockett to establish that there had been any kind of legitimate oral contract under contract law precedents. Even if the individuals had come to an oral agreement for final price and anticipated payment and delivery, Crockett would still have the burden of proof to attempt to make this supposed contract enforceable. In this case, the enforceability of the contract is negligible, if not completely impossible under the law. An oral contract that is valid has both parties agreeing on their unique performance under the agreement. Crockett would agree to the price established at $250,000 with Tubbs agreeing for delivery upon receipt of this exact amount. This particular type of contract would be a bit easier to establish proof being voided by Tubbs as the presiding judge would recognize the sudden market value increases to $500,000 as a product of the Miami Vice film. This would provide motive for not fulfilling the contractual obligation, even in its oral form, that would likely find enforceability in favor of Crockett. Unfortunately for Crockett, the law does not provide any establishment of legal dominance which would indicate that Tubbs must accept the first negotiated offer he discusses. It could be, though not implied in this case, that Tubbs has been negotiating similar pricing with certain potential buyers (a common occurrence for private sales of merchandise). Tubbs, unfortunately, is under no legal mandate to sell the car to Crockett for $250,000. In order for an oral contract to be enforceable by law, the selling party must make a commitment of acceptance, which is an oral agreement to abide by the fully negotiated conditions and terms of the agreement. Even though Crockett made an offer, illustrating an intention to enter a contract,
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