Irac method - grunden-martin vs fairmount

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Reference no: EM13865174

Solved the given cases using IRAC format-

Case 1- Meran v. MacDonald, 2006 U.S. Dist. LEXIS 79069 (U.S. Dist. Ct. S.D. Cal.)

Case 2- Grunden-Martin v. Fairmount

On April 20, Grunden-Martin wrote to Fairmount, in part: "Please advise us the lowest price you can make us on our order for ten carloads of Mason green jars...state terms and cash discount." On April 23, Fairmount replied by letter. "Replying to your favor of April 20, we quote you Mason fruit jars....pints $4.50, quarts $5.00, half-gallons $6.50, per. gross, for immediate acceptance." On April 24, Grunden-Martin sent a telegram ordering ten carloads of quarts. On that same day Fairmount responded by telegram, "Impossible to book your order. Output all sold." Grunden-Martin claims that there is a contract. Is there?

Case 3- Jeff visited a car dealership and test-drove a used car. After discussing the price with the salesman, Jake, and learning that he could purchase the car for $500 less than the sticker price, Jeff asked Jake to hold the car for him until 8:00 that evening so that he could bring his wife back to see the car. Jake agreed, writing out a note promising not to sell the car before 8:00 PM. The note was written on dealership stationery, but Jake did not sign his name. The dealership broke its promise and sold the car to Jones before 8:00 PM. Was it free to revoke its offer to Jeff? Jones, the new purchaser of the car (and a nonmerchant), later offered in a signed writing to sell the car to Jill and to hold the car for her until she returned with her husband. Could Jones revoke this offer?

Case 4- Michael Freeman and Cindy Hazen listed an auction on eBay for their historic home, which was once owned by Elvis Presley. A partnership formed to participate in the auction for the home and used partner Peter Gleason‘s eBay account to do so. eBay's terms and conditions state "eBay Real Estate's auctions-style advertisements of real property do not involve legally binding offers to buy and sell. Instead ega Real Estate's auctions are simply a way for sellers to advertise their real estate and meet potential buyers. The sellers' real estate broker, however, contradicted that language on the home's eBay auction site, gar. ing the following: "Please note that bidding on eBay is a legally binding contract in which the winner commits to following through on the purchase." The broker included that language to deter frivolous bids. During the bidding process Mike Curb offered to buy the house immediately and stop the auction; however, he was not willing to meet the sellers' $1.3 million ask. So, the auction continued. When the bidding of-ficially ended, an eBay automated message informed the Gleason partnership that they had submitted the winning bid of just over $900,000. Two days later, the partnership's real estate agent sent the sellers a "proposed sale contract," about which they had further discussion. A few days later, Curb renewed his offer to purchase the house, this time for $1 million. The sellers and Curb signed a contract for the sale of the house later that week and refused to sell to the Gleason partnership. The partnership sued for breach of contract arguing that the language the sellers broker appended to the listing overrode the eBay terms and conditions and created a binding contract upon their bid being declared a binding contract upon their bid being declared a winner. Are the Gleason partners correct?

Reference no: EM13865174

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