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Law 421 Week5 Scenario

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Law 421 Week5
Scenario 2
Brian McDonald had an incredible train collection it consisted of rare and
one-of-a-kind trains. One day whole visiting another hobbyist Harry,
Brian told him that when he retired from his job he would sell his trains
and spend his life traveling on real trains. Brian once told Harry that he
was the only person who he would sell his trains to because he know
Harry would take care and appreciate as much as he did. Harry was
excited and said he looked forward to the day when he could buy the
trains. Harry spent the next two years and a large portion of his savings
building a new 2,000-square foot room in his home to make room for his
new collection of trains. Harry told Brian that he was building a new room
but Brian did not reply and simply smiled. When Brian retired he sold his
collection not to Brian but to a neighbor, James. Harry was furious and
hurt so he sued Brian.
Unfortunately, Harry did not have Brian sign any contract to prove that
Brian had an obligation to sell the trains to him. According to the
Cheeseman (2010) a contract is “a promise or a set of promises for the
breach of which the law gives a remedy or the performance of which the
law in some way recognizes a duty” (p. 156). The problem is that no one
made an offer, and a contract is created if an offer is made and
accepted. Therefore, Harry would not have a case against Brian based
on spoken contract because no terms were agreed upon.
Harry could also argue that because he built the addition to his house
and borrowed money from his aunt based on the promise from Brian.
Harry suing Brian for his monetary losses is a lost cause even under the
equitable claim of promissory estoppel. Again, in the eyes of the law
Brian did not “promise” anything to Harry (Cheeseman, 2010).
Reference
Cheeseman, H. R. (2010). The legal environment of business and online
commerce: Business ethics, e-commerce, regulatory, and international
issues. (6th ed.) Upper Saddle River, NJ: Pearson Prentice Hall.

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