Reference no: EM133616548

Question: On May 1, Angelo wishes to purchase a new Ferrari from Brent's auto dealership for 3 years and $330,000 cash. The two enter into negotiations, and Brent tells Angelo that he has three days to accept via mail. On May 2, Brent receives an offer from someone else to purchase the car instead for $350,000 and sells it to that person the same day. The same day (May 2), Brent writes a letter to Angelo informing him of this sale, which Angelo receives the morning of May 4. Meanwhile, Angelo sends out his acceptance via mail on May 3 and lets Brent know he will stop by to pick up the car in a week. Angelo's acceptance letter is not received by Brent until May 7. When Angelo heads to the dealership on May 10 to pick up the car, he is upset to discover that it has already been sold. Angelo sues Brent in California Superior Court for breach of contract. Who wins, and why? Brent wins, since he can use the excuse/defense of impossibility, as the car was already sold to a third party on May 2 and the subject matter is no longer in his legal possession.