Breach of Contract Johnny, a neighbor who is not a merchant under the Uniform Co
ID: 367995 • Letter: B
Question
Breach of Contract Johnny, a neighbor who is not a merchant under the Uniform Commercial Code, offers to buy a car from Mark for $30,000. Mark asks Johnny for some time to think about it. Johnny says sure. He writes on a piece of paper that he will keep the offer open for two weeks. A week later Johnny sees another car he would rather buy. He purchases that, and then he tells Mark that he is revoking his offer. Two days after that Mark said: "I'm sorry Johnny you made an offer in writing to buy my car. I'm going to hold you to that." Johnny replied: "Sorry I cannot do that. But I will promise to pay you $10,00o for the help you gave me last year around the house." Somewhat mollified Mark accepts. A week later and Johnny decided to renege on that promise as well. Fed up, Mark sued Johnny for breach of contract on both the promise to buy the car and the promise for the $10,000. Discuss whether the elements of a contract are satisfied in this case. The requirements below must be met for your paper to be accepted and graded: Write between 500-750 words (approximately 2 3 pages) using Microsoft Word. . Attempt APA style, see example below. . Use font size 12 and 1" margins. . Include cover page and reference page. ·At least 60% of your paper must be original content/writing ·No more than 40% of your content/information may come from references. two references from outside the course material, preferably from EBSCOhost. Text book, lectures, and other materials in the course may be used, but are not counted toward the two reference requirement. phs, quotes, paraphrased words, values, etc.) must be identified in the paper and listed on a es, paraphrased words, values, etc.) must come from sources such Reference material (data, dates, gra reference page.Reference material (data, dates, graphs, quot as, scholarly journals f Sources such as wikis, Yahoo Answers, eHow, etc. are not acceptable such as The Wall Street Journal, government websites, etc. ound in EBSCOhost, online news A detailed explanation of how to cite a source using APA can be found here (link). oad an exaExplanation / Answer
Breach of contract occurs when any one of the party involved in a contract fails to perform any term of a contract without a legitimate excuse. In the first case, Johnny offered to buy a car from Mark. However, Mark asked for some time to think about the offer. Then, Johnny did a written promise to keep the offer open for two weeks, although he purchased another car during this period.
In this case, Johnny has given an offer to Mark; however Mark has not accepted or rejected it. Hence, no contract was formed between both the parties. An offer can be revoked any time. Therefore, Mark cannot sue Johnny for not buying his car.
In second case, Johnny promised to pay $10,000 to Mark for the help he had given him last year. This is an oral promise given by the person. However, it is accepted by Mark, but it not be considered as formation of a contract. Therefore, in this case too, Jonny cannot be held for renege the promise.