Ls311-03 Essay

529 Words3 Pages
Unit 4 Assignment LS311-03 Business Law September 18, 2012 Carrie offered to sell a set of legal encyclopedias to Antonio for $300.00. Antonio said that he would think about her offer and let her know his decision the next day. Norvel, who had overheard the conversation between Carrie and Antonio, said to Carrie, “I accept your offer,” and Carrie gave Norvel the books. The next day, Antonio, who had no idea that Carrie had already sold the books to Norvel, told Carrie that he accepted her offer. Who can accept and offer? Any competent person can accept an offer and enter into a contract, even minors. However if a person is mentally incompetent the contract cannot be legally binding and cannot be bound by the contracts terms. Minors who entered into a legal contract can still disaffirm a contract but must disaffirm the entire contract and not just a portion of it. If all parties involved appear to be competent and their ages are not stated. (Miller and Jentz 2008. Pg. 185-186). In the case stated above, Carrie has breached a contract between her and Antonio. Antonio did not reject Carries offer, but told her that he would have an answer the next day. This is an agreement to agree on the purchase of the encyclopedias (Miller and Jentz 2008 pg.170). When Carrie did not disagree with Antonio, having to wait until the next day Carrie was still in agreement with Antonio. If Carrie said that she need the answer that day, and Antonio could not give it to her, then Carrie would not have breached the contract and then Carrie could then sold the encyclopedias to Norvel. Carrie did not make an offer to Norvel, but by accepting the offer from him, and did not wait to hear from Antonio, she was in breach of the contract with Antonio. Carrie is not obligated to sell the encyclopedias to Norvel because she had an agreement to with Antonio. Carrie had agreed to wait for
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