Question

joe had a classic Buick automobile and he agreed to trade it to sam for a specifies amount of cocaine. sam took teh car and, three days later, before he could deliver the cocaine to Joe, his cocaine was seized by the police and he was arrested. joe is now bringing this action claiming that he's entitles to the car back. indicate what arguments are available to Joe and the likelihood of him obtaining his car back.

questions:

1- what is the main legal issue? include a discussion of the four elements of contract formation. discuss the likely outcome of this case? what is the one risk redution strategy?(from perspective of either party)

Answer 1

The main legal issue in the above case is that, Joe agreed to sell his classic Buick automobile to Sam in return of cocaine. This is illegal since, selling and purchasing cocaine are illegal activities.

Further, the contract is not only illegal, but insufficient. i.e. the contract between Joe and Sam is oral and has no proof of it. There is no written document which certifies this contractual agreement. And, cocaine cannot be transactioned for anything. Sam ought to pay Joe for the car. Also, there are no terms and conditions formalized for the case of non-payment, i.e in this case unfulfillment of agreement of a specific amount of cocaine in exchange of the car.

The most likely outcome of this case is that both Sam and Joe would be sued for having a deal which involves cocaine transaction, which is illegal.

Risk Reduction Strategy

• From Joe's perspective, he must have handed over his vehicle at the time of receipt of the specified amount of cocaine.
• From Sam's perspective, he must have transactioned in terms of money to avoid such issue. Also, he must have had an alternate source of cocaine to fulfil his commitment.