Question

BUSINESS LAW

Carol is having a tag sale because she needs money for an operation. Mark is an antique dealer. He offers Carol $50 for a dresser that she has priced at $100. Unbeknownts to Carol The dressers is an antique worth of $5000.

Carol refuses his $50 offer. Mark then agrees to pay the $100 price. Carol decides not to sell to him. Mark sues Carol. Will he win? Discuss.

Answer 1

In the given case, Carol offers to sell the dresser in $100 to Mark. But, Mark does not accept it and makes counter offer. At the moment, Mark makes counter offer, then initial offer to sell the dresser in $100 is null and void. Now, Mark cannot win if Carol has refused to sell in $100 now, because the initial offer by Carol does not stand now and it has become null and void.

Further, it has been found that antique is worth $5000 that involves statute of fraud. It requires the contract to be in writing to be enforced in the court of law. Though, there was not a written contract, so Mark cannot win the case against Carol if she has now refused to sell him.