Scenario: Jill Intends to sell his car and places a “for sale” sign on her car, which prompts Jack to call Jill for inquiry about the car. Jill provides Jack with information about the car (year of manufacturing 2003 and the mileage 20,000 miles) and the price which is $12000. The next day they meet and exchange the car but Jack later goes to his mechanic who reveals to him that the car had been driven for at least 50,000 miles. Jill had adjusted the miles intentionally for the purpose of selling the car.
Issue: Establishing whether there is a contract between Jill and Jack
Analysis:
Offer: a valid offer entail an intent, specific and definite terms and communication by the person making the offer.
In this case, the “for sale” sign on Jill’s car reflects serious intent to sell a car the subject matter in exchange of $12000. By Jack making a call to Jill reflects a serious intention to engage and be bound by Jill’s offer. The case reflects a certainity of the terms and they are also definite because there are two parties wishing to exchange a subject matter that can be quantified at a price. The communication took place when Jack called Jill and they agreed to exchange the car for a consideration of $12,000.
Acceptance: the acceptance must reflect the offer
In this case, Jack reflected on Jill’s offer and they agreed on the terms agreeing to pay $12000 for Jill’s Car. As such, one conclude that there was acceptance by Jack on Jill’s offer.
Consideration: the case reflects the existence of a legal subject matter with value (Car) that was exchanged at bargain value of $12,000, which reflects that there was consideration of the offer.
Conclusion: Based on the facts offered in the case all requisite elements of a contract were succinctly satisfied and there was a contract between Jack and Jill.
Issue 2: is there a Breach of Contract By Jill to Jack
Rule: the existence of a breach reflects the failure of a party in a contract to fail deliver or perform any promise articulated in a contract.
Analysis:
Breach: non-delivery of a promise by one party in a contract.
The case reflects that Jill provided false information to Jack that the car mileage was 20,000 whereas on visiting the mechanic Jack was told that the car had moved at least 50,000 and Jill had changed prior to selling the car.
Consideration: There is false information that was given by Jill to Jack concerning the Car’s mileage. Hence there was a breach of contract.
Conclusion: Jill knowingly provides wrong information to Jack about the mileage of the car. Hnece one can conclude that there was a breach of contract.
