Buy ready-to-submit essays. No Plagiarism Guarantee!
Note: All our papers are written by human writers to ensure authenticity and originality.
Case Brief: Ardente vs. Horan
Facts
The plaintiff, Ernest P. Ardente had brought a civil action in a superior court to seek the enforcement of he had with the defendants William A. and Katherine L., Horan. The defendant had offered to sell a specific residential property in New port to the plaintiff. However, upon signing the sale agreement with the defendants, the plaintiff sought to have some furniture and other fittings are included with the purchase. However, the defendants refused to include the said fitting and therefore did not sign the agreement. This is after the trial court had granted the defendants a summary judgement on the matter.
Legal Issues
Does having an oral agreement constitute a legal agreement, before the signing of the actual sale agreement?
Is a valid acceptance by one of the parties to an agreement equal to a legally binding contract?
Legal Principle Applied in the Case
An acceptance for the purchase of a property must be define and unequivocal. The seller must clearly understand that the seller has accepted to by the property. Therefore, in replying to a sale offer, the buyer must not infer but confirm that they have agreed to buy. Also, an acceptance cannot be accompanied b any additional conditions or limitation. Otherwise, that would not be a valid contract.
Holding/Reasoning
The Superior court upheld the decision of the trial court and denied the appeal. The Judge noted that since the acceptance to purchase the property was accompanied by certain conditional requests, it did not constitute an definite and unequivocal intention to purchase. Also, in writing the letter, this was a counter offer which the defendants did not consent to.
Summary of concurrences and dissents
The presiding judges agreed with the plaintiff that the trial court did not consider the fact that an verbal agreement had been entered before signing of the sale agreement.
However, signing a sale agreement and including certain additional conditions amounts to a counter offered and thus not legally binding.
Are you facing the challenge of a looming assignment deadline? We have got a straightforward solution just for you! Just fill out our order form, detailing your specific instructions. Be confident knowing that our team is composed of expert writers who excel in their respective fields of study. They make use of extensive databases, high-quality online libraries, and the latest periodicals and journals to ensure the delivery of papers that are of the highest quality, customized to meet your needs. Rest assured that thorough research is conducted for every essay, and our unparalleled expertise spans a variety of topics. Additionally, our diverse team of writers covers a wide array of disciplines. You can trust that all our papers are crafted from the ground up, ensuring originality and uniqueness.
Write my essay: We write papers from scratch and within your preferred deadline.
