out of state buyer breaches contract!

[tranquility]

dvdgradcurl asks:
had the seller been the one to rescind the offer to sell, do you think the buyer would have a cause oif action against the seller?

Yes. An offer cannot be "rescind"ed after it has been accepted. (I wouldn't use rescind as that seems more like a mutual agreement. That is, unless you are saying both parties agreed to cancel the contract.) The usual remedy in contract is the benefit of the bargain rather than the usual tort remedy of making the parties whole so, the buyer could ask for specific performance if the car was unique or he could cover and buy another car and the difference in cost is his damages.

Your insistence there is no contract is puzzling. I've read some of your posts and you don't seem like a dufus--but this is first week of contracts stuff. Each justification beyond bare assertion "there is no contract" has been shown to be in error.

Want to try again?

 

[divgradcurl]

I'm not going to argue with you guys. I have been practicing law for some time, and have never seen or heard of a case, outside of a situation where an option contract is created, where a buyer or a seller, solely on the exchange of promises and nothing else, written or not, is legally bound to buy or sell the item in question. I'm not going to sit here and argue hornbook law with a bunch of law students. If you want to think I'm a dufus, fine.

 

[tranquility]

So, in your experience, what makes a valid contract?

(By the way, what other parts of the hornbook invalid? Is it just the contracts one or does this conspiracy to trick law students extend to torts, crime, property and....)