Business Law & Ethics May 7, Odell mails the form signed by Nic to Myra. When Myra receives the signed form from Nic, she refuses to sell the house to him.
Business Law & Ethics May 7, Odell mails the form signed by Nic to Myra. When Myra receives the signed form from Nic, she refuses to sell the house to him. Nic files a lawsuit against her for breach of contract.
Which contract law applies to this case: UCC or common law and why? Provide your analysis of each contract law and why the one you selected applies.
What is the court likely to rule on the breach of contract claim? And why?
300 words Business Law and Ethics
1. Which contract law applies to this case: UCC or common law and why? Provide your analysis of each contract law and why the one you selected applies.
Common law usage for contract services, real estate, insurance, natural works, employment, quantity, cost, contract time. With common law, oral or written contracts are both permitted, making them more flexible.
The statute of limitations may thus be about six years with the contracts of common law. Only if a death occurs or the subject matter is discarded. However, punitive damages are not permitted if fraud occurs.
The Uniform Trade Code (UCC) includes elements of the sale of commodities and physical items commercial transactions simply specifying quantities in terms of contracts. With UCC, a contract is valid at no cost and is irreversible when a deal is concluded.
However, the status of restrictions is only less than 4 years short-term than under common law. UCC permits discharge if there are no performance activities between the parties. In the event of fraud, UCC prevents injustice by the right title for suppliers who buy products.
In this instance, uniform commercial code is easy to implement (UCC). First of all, the sale of real estate costing more than $500, therefore it must be possible to apply the contract in writing. Secondly, while a revision in the sales contract following negotiations lowered sales prices to $380,000 instead of $400,000, the adjustment still leaves 500 $ far off and must be legitimate in writing. Third, undertaking the fair in order to prevent unfairness, any ownership transfers to real estate or real estate, under the Fraud and UCC status, must be legal in writing in order for the employment of fraud to occur. The Court may examine not only legal contracts but also enforceable contracts, not contractual conditions.
2. What is the court likely to rule on the breach of contract claim? And why?
“Myra will not answer quickly, but on 5 May Myra will send Nic a document at its office that contains further terms and conditions for the sale of the property but does not specify a price.” In her contract, Myra made no mention of price, time, only extra terms of selling real estate. While consideration under the UCC contract is not necessary, it may be canceled if an excessive amount of time is allowed or refused. In this instance, Myra did not answer quickly, and after 4 days, she continued to act. When she had, however, delivered the formal contract, she offered Nic (5 May until 10:00 am 6 May) an unacceptable period to execute an act of acceptance or rejection (Jenkins, 2014).
Within the UCC contract, the change has to be in discussion in writing, any oral contract is not legal, so that their telephone notification is canceled.
Last but not least, the formality of written material in commercial contracts requires that its form be signed by parties to a written contract against which a person who writes and enforces a contract is probably not needed. This contract is thus binding due to the signing of Nic and Nic may sue Myra for breach of duty. The court may certainly take into account the execution of the contract. The Court may also order an oral contract for the sale or transfer of ownership, based on Chapter 14 in the course of Business Law, if it is partly executed. According to Nic, the court has the authority to order him and Nic may either pay and seize ownership of the home. Nic is a well-known exemption to the Fraud Statute for contracts to sell real estate
Jenkins, S. H. (2014). Contract Resurrected: Contract Formation: Common Law-UCC-CISG. NCJ Int’l L. & Com. Reg., 40, 245.