Discussion Question One Due Day 2 Wed Wilbur who has difficulty making up his mind for most of his 29 years was sitting around on Sunday with some of his friends At one point he says I m going to try to sell my car and if I can get an offer close to 9 000 I m going to take it Andy one of the friends thinks to himself that this might be a good deal The following events occur later that same week Monday Wilbur arranges with the local newspaper for an advertisement to run beginning on Saturday which will say 1997 Honda Prelude excellent 1st 8 000 takes it See it at 1902 Maple Street Thursday Andy delivers a note to Wilbur which Wilbur reads later on Thursday The note says I ll will take your car for 9 000 and is signed by Andy Wilbur never responds to this note Friday Wilbur thinks he may have underpriced the car and calls the newspaper to cancel or modify his advertisement It is too late to cancel or modify the advertisement for Saturday s paper and the ad runs on Saturday in the paper as originally stated A new ad will start on Sunday which does not mention a price but Wilbur expects the car should bring close to 10 000 Saturday After seeing the ad in the paper Bob shows up with 8 000 cash in hand to buy the car Wilbur refuses to sell the car to Bob Andy and Bob each separately sue Wilbur wanting to force him to sell the car claiming that a contract has been formed Discuss each case separately and how it might come out including the arguments the parties would most likely raise This is a contract law question so I expect your responses to utilize contract law concepts rather than your own personal feelings about the justice or injustice of the situation Note Please assume that the Statute of Frauds is not applicable i e no requirement that the contract being in writing First response The UCC established rules that formation of a sales contract must include an offer and acceptance The first question that needs to be address is if both an offer and acceptance were a part of Wilbur s attempt to sell and Andy or Bob s attempt to purchase the vehicle In discussion Wilbur stated if he got an offer close to 9 000 he would sell the car which is what Andy offered in writing and recognized by Wilbur to pay for it Wilbur s add stated the first person to come up with 8 000 which Bob had in hand could have the car Wilbur did not accept either offer when it came time for the sale but 1 by previously mentioning it does that fall under the acceptance clause of a contract The text states the following Both common law and the UCC provide that a contract is created when the offeree Andy and Bob sends an acceptance to the offeror Wilbur not when the offeror Wilbur receives the acceptance so I would say that both Andy and Bob have a case especially sine the Statue of Frauds in not applicable Each of the two potential buys have three remedy options sue for specific performance replevy take back the goods or recover the goods from an insolvent seller Since there are two potential buys here with the right to sue with my understanding of contract laws and there is only one car what happens now I would say that Andy if he still wants the car would be able to obtain it Does that leave Bob the opportunity being the second in line for the car to sue for the value of the car since Andy had first dips or does it not work that way Second response I believe neither Andy nor Bob have legal enforceable contracts with Wilbur Wilbur spoke with some friends not just Andy Wilbur made a statement I m going to try to sell my car and if I can get an offer close to 9 000 I m going to take the deal If Andy says Wilbur s statement was a contract Wilbur can rebut that by saying the offeror which is Wilbur never made an offer to Andy directly he made a statement to a group If Wilbur however had agreed to Andy signed note by saying I accept this offer then the contract would have been legally binding A contract is created if the offer is accepted Bob shows up with 8 000 cash to buy Wilbur s car Wilbur has the right under the common law as per our readings in chapter 9 an offeror may revoke an offer any time prior to its acceptance by the offeree In other words Wilbur can withdraw from what was posted in the newspaper he never personally accepted the 8 000 offer from Andy In this case the acts of the parties were terminated by Wilbur Again in both cases no contract was created because no offer s was accepted In both cases Wilbur never accepted Andy s of Bob s offers Therefore neither is legally enforceable 2