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Jane T (LLC)
Jane T (LLC), Attorney
Category: Business Law
Satisfied Customers: 8435
Experience:  Worked in corporation's law department; business formations, formalities, and other business matters
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Trotter, who was heavily in debt to her creditors made an ...

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Trotter, who was heavily in debt to her creditors made an offer to sell her diamond ring valued at $2500 for $1000 to Bitner. Bitner accepted the offer.later trotter thought about what she had done and decided not to deliver the ring, claiming that $1000 was not enough. Is Bittner entitled to delivery of the ring.
Visca while visiting a friends house was injured when some heavy ceiling tiles in the bathroom came loose, fell, and hit her squarely on the head. She suffered a slight concussion. Her friend gave her money to see a doctor and to pay for the prescriptions ordered by the doctor. In turn visca agreed orally not to sue her friend for the injury she received. Several weeks later because visca complained of severe headaches and had to make several more visits to a doctor and continue with medication. She decided to sue her friend for additional expenses and pain and suffering. Can visca recover the additional money.
When glocker received her bill from lawnmark a lawn care company she became very angry about the amount that the company claimed she owed. She immediately wrote a letter to the company's general manager, giving her version of the amount owed and including a check for the amount owed. She marked on the face of the check paid in full settlement of the claim by the landmark company. The general manager cashed the check and immediately sued glocker to recover the remaing balance. Can the general manager legally collect.
Submitted: 6 years ago.
Category: Business Law
Expert:  Jane T (LLC) replied 6 years ago.

DearCustomer

1. Trotter, who was heavily in debt to her creditors made an offer to sell her diamond ring valued at $2500 for $1000 to Bitner. Bitner accepted the offer.later trotter thought about what she had done and decided not to deliver the ring, claiming that $1000 was not enough. Is Bittner entitled to delivery of the ring.

Bitner is entitled to delivery fo the ring. An offer to sell the ring at $1000 was made by Trotter to Bitner and Bitner accepted that offer. Upon acceptance a contract was created between Bitner and Trotter and a failure to act as promised by Trotter would mean they are in breach of the contract. An offer cannot be revoked after acceptance simply because the offeror believes they should have charged a higher price.


2. Visca while visiting a friends house was injured when some heavy ceiling tiles in the bathroom came loose, fell, and hit her squarely on the head. She suffered a slight concussion. Her friend gave her money to see a doctor and to pay for the prescriptions ordered by the doctor. In turn visca agreed orally not to sue her friend for the injury she received. Several weeks later because Visca complained of severe headaches and had to make several more visits to a doctor and continue with medication. She decided to sue her friend for additional expenses and pain and suffering. Can visca recover the additional money.

No, Visca cannot recover any additional money. At the time of the injury Visca and her friend entered into a contract where the friend paid for Visca's medical services in return for Visca's promise not to pursue any further compensation. There was mutual assent, an offer of current payment, and an acceptance of that current payment, in exchange for money and promises (compensation). All the elements of a valid contract are in place.

3. When glocker received her bill from lawnmark a lawn care company she became very angry about the amount that the company claimed she owed. She immediately wrote a letter to the company's general manager, giving her version of the amount owed and including a check for the amount owed. She marked on the face of the check paid in full settlement of the claim by the landmark company. The general manager cashed the check and immediately sued glocker to recover the remaing balance. Can the general manager legally collect.

The general manager cannot legally collect the difference. In the common law, to have an "accord and satisfaction," which occurs when a new contract is created between parties who dispute a debt between them, all the elements of a valid contract must be in place. For a binding accord and satisfaction, therefore, there must, first, be a valid dispute over the amount owed. Glocker's letter to the lawn care company is proof that she contested the bill. For the actions of Glocker and the company to be seen as completing a valid accord and satisfaction, the communications between the parties, in addition to showing a dispute, need to clearly state that the amount offered is to be taken in full satisfaction of all obligations due, and, if such amount is accepted, then a clear agreements between the parties exists that such amount is full payment and no further duties are owed. This is what occured here and the general manager cannot now try to collect more.

Jane T (LLC), Attorney
Category: Business Law
Satisfied Customers: 8435
Experience: Worked in corporation's law department; business formations, formalities, and other business matters
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