TEXT: BUSINESS LAW AND THE REGULATIONS OF BUSINESS 11TH Janice entered into an a
ID: 359832 • Letter: T
Question
TEXT: BUSINESS LAW AND THE REGULATIONS OF BUSINESS 11TH
Janice entered into an agreement with Brianna to sell her home for $250,000. The two friends had discussed the sale over a drink at the Raw Gut Whiskey and Brie Bar. They shook hands after agreeing on the terms. Janice took a cocktail napkin, unfolded it and wrote the following using a lipstick. They both then signed it with the lipstick. I, Janice, agree to sell my home to Brianna for $250k, closing on 8/15/2011 at the latest. No guarantees on the place. /s/ Janice, /s/ Brianna Brianna then bought a second round of drinks and an order of buffalo wings to celebrate the deal. After finishing the food and drinks, the two parted. Brianna picked up the napkin, used one corner to remove sauce from her lips and then left the bar Later, Janice refused to provide a deed or otherwise complete the sale. Janice claims She is not liable under the statute of frauds because the writing is "not sufficient" to meet the requirements of the statue; and even if we assume the agreement is "sufficient", the parol evidence rule means the agreement they reached never included any written requirement that Janice provide a deed to Brianna. Please discuss the validity of Janice's two claims.
Explanation / Answer
The agreements between both are not valid.
If the person is in intoxication court will not accept that agreement. Both the person should have conscious mind at the time of agreement.
And as far as the written document on napkin with lipstick is concern if there is a murder the written with lipstick will be evidence but for an agreement written on a napkin is not valid in the eyes of court.
Another thing is that there was no any address of the home in the written document. Now supposes Janice has three homes then it will be a doubt that which home she was talking about. It is also confusion in the contract. It was not clear hence it looks invalid.
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