Question about contract law

[a22747568]

Tom and Peter are friends. On 11 May 2013, Tom wrote an email to Peter, “I heard that you are selling your car for $9000. I am interested in buying it, let me know if it is still available.” On 12 May 2013, Tom called Peter and left a voicemail for him - “Sure, provided you transfer the money to my bank account”. Tom then changed his mind and he posted a letter to Peter which read, “I am sorry, but I changed my mind and I can’t sell the car to you”. This letter arrived on 13 May 2013, before Peter checked his voicemail.

questions:

1)Tom's and Peter's rights and obligations?


what if
a) Tom’s letter had never arrived?

b) Due to a problem with the mobile network on Peter’s phone, the voicemail left by Tom on 12 May 2013 was not recorded and Peter had no knowledge of the voicemail.

 

[quincy]

Question:
Tom and Peter are friends. On 11 May 2013, Tom wrote an email to Peter, “I heard that you are selling your car for $9000. I am interested in buying it, let me know if it is still available.” On 12 May 2013, Tom called Peter and left a voicemail for him - “Sure, provided you transfer the money to my bank account”. Tom then changed his mind and he posted a letter to Peter which read, “I am sorry, but I changed my mind and I can’t sell the car to you”. This letter arrived on 13 May 2013, before Peter checked his voicemail.

Answer the following questions:

1) Advise Tom and Peter as to their rights and obligations.


2) What difference, if any, would it make if:

a) Tom’s letter had never arrived?

b) Due to a problem with the mobile network on Peter’s phone, the voicemail left by Tom on 12 May 2013 was not recorded and Peter had no knowledge of the voicemail.

c) Instead of Peter sending an e-mail to Tom on 11 May 2013, on 10 May 2013, Tom had asked Peter if he wanted to buy his car?

What is the name of your state?

Are you either Tom or Peter?

As a note: We do not help students with homework assignments.

 

[a22747568]

What is the name of your state?

Are you either Tom or Peter?

As a note: We do not help students with homework assignments.

My state is using Common law system.
That is not a homework, but a more understandable case that i make the scenario more easier.
I just want to know whether after Tom have promised to sell his car, and he then changes his mind and
tell Peter that he don't want to sell his car.
Is Tom wrong? Do Tom not able to perform his obligation? and can Peter have the right to claims the remedy or anything else?

 

[quincy]

My state is using Common law system.
That is not a homework, but a more understandable case that i make the scenario more easier.
I just want to know whether after Tom have promised to sell his car, and he then changes his mind and
tell Peter that he don't want to sell his car.
Is Tom wrong? Do Tom not able to perform his obligation? and can Peter have the right to claims the remedy or anything else?

So you are not in the US? If you are in the US, I need the name of your state.

Are you one of the two involved in the promise to sell?

If so, did Peter deposit $9000 in Tom's account before Tom's voicemail was made or the letter was sent or received?

 

[a22747568]

So you are not in the US? If you are in the US, I need the name of your state.

Are you one of the two involved in the promise to sell?

If so, did Peter deposit $9000 in Tom's account before Tom's voicemail was made or the letter was sent or received?

I am not in US.
in fact, i am the role "Peter". Peter had not deposited $9000, Tom who originally want to sell his car and give out the offer but after he accepts peter in the voicemail and he changed his mind, DO this situation have a legal relationship between? Can Peter be able to buy back the car as the voicemail come first and i remember there is a law called postal law.

 

[quincy]

I am not in US.
in fact, i am the role "Peter". Peter had not deposited $9000, Tom who originally want to sell his car and give out the offer but after he accepts peter in the voicemail and he changed his mind, DO this situation have a legal relationship between? Can Peter be able to buy back the car as the voicemail come first and i remember there is a law called postal law.

There are problems when you try to form contracts through correspondence.

But US contract law differs from European contract law (and the laws of other countries) in significant ways. And they differ when it comes to the situation you describe. A contract's acceptance/rejection can be deemed effective on dispatch of a correspondence (in the US) or on receipt of a correspondence (in other countries).

But I have simplified this a great deal.

I suggest you find someone in your country who can explain the laws that apply to you. The laws in the US do not.