1. Sam orally agreed to sell Ramie some land for $500,000. Ramie paid Sam the $5
ID: 454056 • Letter: 1
Question
1. Sam orally agreed to sell Ramie some land for $500,000. Ramie paid Sam the $500,000; Sam gave Ramie the deed to the land. Ramie took possession of the land and began building a cabin on it. One month later, Sam tried to retake possession of the land by arguing that the contract for the sale was invalid because it was oral, not written. Sam sued Ramie to invalidate the contract and retake the land.
The court will likely conclude that Sam will:
a) Win; the sale exceeded $500 so the contract must be written to be valid.
b) Win; all land sales contracts must be written.
c) Lose; because the contract was fully executed Sam cannot rescind the contract.
d) Lose; because Ramie had begun building a cabin on the property, Sam cannot rescind the contract.
2. On Tuesday, Sam offered to sell his CD collection to Sandy for $100. Sandy replied, "I'm interested. I'll think it over and let you know Thursday whether I want to buy the CDs." On Wednesday, Sam agreed to sell the CDs to Jason, and Jason immediately gave Sam a letter that stated:
"Sam, I will buy your CD collection for $100. As we agreed, I will pay you on Friday when I pick up the CDs. Yours truly, Jason."
Upon Sam's receipt of this letter on Wednesday, what best describes Sam’s contract agreement(s)?
a) By forming an agreement with Jason, Sam breached his contract with Sandy because he did not effectively revoke his offer to Sandy.
b) Sam has formed contracts with both Jason and Sandy because Sam did not effectively revoke his offer to Sandy and created an enforceable written agreement with Jason.
c). Sam and Jason have formed a valid, enforceable contract; Sam’s offer to Sandy was properly revoked.
d) Sam effectively revoked his offer to Sandy, but has not formed an enforceable contract with Jason because Jason has not yet paid for the CD collection.
Explanation / Answer
1. b. Sam will win since all the sales contracts must be written. Since there will not be any documentary evidence to state that such a sale has happened.
2. c. Sam and Jason have formed a valid, enforceable contract; Sam’s offer to Sandy was properly revoked. There was not any valid contract between Sam and Sandy. Jason had a written letter given to Sam and it was also accepted by Sam, which constitutes a valid contract.
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