Here is a business law problem of mine.
John offered to sell his watch for $100.00 to Bill, Bill rejects John's offer. Bill tells Carl about John's offer. Carl then goes to John and says I accept, I will buy your watch for $100.00. John does not want to sell to Carl. What are his rights if any?
what do you think, and why.
ps: I already figured out the answer.
We the Judges
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skydragoness
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92' 240sx 60k survivor :) - Location: North DFW, TEJAS
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its your choice whether you want to sell your item or not to whoever. i think it is fine for john to deny the sell of his watch to carl. think of it this way: you have to sell your car for whatever reason and it is your pride and joy. you have spent a lot of time putting money and care into it but now you need to sell it for whatever reason. i think i would have to raise the price if i thought the buyer was not going to take care of the car that i have spent so much time and money to keep in excelent condition. this is how i feel about personal sales but i feel the opposite about bussinesses doing this same thing. i dont think a bussiness should beable to deny or change the price of their product based on the race, opinions, etc of the buyer. im not sure why i feel this way but its prolly because most personal sales have a emotional connection to the object they are selling. where as a bussiness is out to make money and the denial of a buyer would most likley be due to the bussiness being a racist or something of that sort. so whats the answer?
^^what she said!
Was the watch offered for sale, or for sale to Bill?
Is John a watch retailer with business license?
Was the watch on display in John's place of business(watch retailer) and offered at a discount to Bill?
Was the watch on display in John's place of business(watch retailer) and offered at a discount to the public?
Bill is a chimp for airing the info that John is lowballing watches, even though Bill can't afford the $100 to get the thing in the first place. That's two strikes for Bill. Still a chimp.
John is that moron who wants to sell, maybe, if he finds the right buyer offering the right amount of cash, and he thinks his pal Bill is a whale with $100 to blow on a watch.
Carl is that guy. The guy who heard something in passing from a friend of a friend, and thinks maybe since he was privy to second-hand info, that it's his right to say something as stupid as, "I heard you were offering my friend this watch for sale at $100. I accept."
There's not one smart guy among them. John is asking too much, or else Bill would have bought. Bill still wants it, but either can't or won't(maybe the wife "won't let him") put together the scratch to buy the watch. Carl thinks he can outwit even himself by hopping on this great deal, even though it was never offered to him in the first place.
Sounds a lot like a scenario for buying/selling a 240sx.
One guy wants too much for it, one guy wants it but can't afford it, one guy that nobody likes thinks he can get the same deal as the other guy, even though the price he heard it was going for was for the other guy, who might have had a different agreement with seller.
Moral is, don't buy or sell unless it's from a legit business that, in the event of unfair or unethical business practice, you the buyer will have legal recourse. Oh, and don't be Carl, the scrap picker-upper. Apply the original scenario to women and relationships with women, too.
Was the watch offered for sale, or for sale to Bill?
Is John a watch retailer with business license?
Was the watch on display in John's place of business(watch retailer) and offered at a discount to Bill?
Was the watch on display in John's place of business(watch retailer) and offered at a discount to the public?
Bill is a chimp for airing the info that John is lowballing watches, even though Bill can't afford the $100 to get the thing in the first place. That's two strikes for Bill. Still a chimp.
John is that moron who wants to sell, maybe, if he finds the right buyer offering the right amount of cash, and he thinks his pal Bill is a whale with $100 to blow on a watch.
Carl is that guy. The guy who heard something in passing from a friend of a friend, and thinks maybe since he was privy to second-hand info, that it's his right to say something as stupid as, "I heard you were offering my friend this watch for sale at $100. I accept."
There's not one smart guy among them. John is asking too much, or else Bill would have bought. Bill still wants it, but either can't or won't(maybe the wife "won't let him") put together the scratch to buy the watch. Carl thinks he can outwit even himself by hopping on this great deal, even though it was never offered to him in the first place.
Sounds a lot like a scenario for buying/selling a 240sx.
One guy wants too much for it, one guy wants it but can't afford it, one guy that nobody likes thinks he can get the same deal as the other guy, even though the price he heard it was going for was for the other guy, who might have had a different agreement with seller.
Moral is, don't buy or sell unless it's from a legit business that, in the event of unfair or unethical business practice, you the buyer will have legal recourse. Oh, and don't be Carl, the scrap picker-upper. Apply the original scenario to women and relationships with women, too.
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Rockenreno
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I like SmithSR's response best
SmithSR wrote:Moral is, don't buy or sell unless it's from a legit business that, in the event of unfair or unethical business practice, you the buyer will have legal recourse. Oh, and don't be Carl, the scrap picker-upper. Apply the original scenario to women and relationships with women, too.
Booo....
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MaineExport
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Well smarty pants... what's your answer?
I'd say it has to do with agent/principle/third-party relationships. John makes an offer to sell his watch to Bill. Bill rejects the offer but creates "apparent authority" as an agent of John (the principle) by offering it to Carl. Luckily for John... it is the actions of the principle that creates "apparent authority" and is therefore not bound to sell the watch to Carl. Bill has no actual or apparent authority to sell the watch or bind John to any contract.
In a nut shell... John never gave Bill the authority to sell his watch and never made an offer to sell it to Carl himself... obviously he is not obligated to sell it.
I'd say it has to do with agent/principle/third-party relationships. John makes an offer to sell his watch to Bill. Bill rejects the offer but creates "apparent authority" as an agent of John (the principle) by offering it to Carl. Luckily for John... it is the actions of the principle that creates "apparent authority" and is therefore not bound to sell the watch to Carl. Bill has no actual or apparent authority to sell the watch or bind John to any contract.
In a nut shell... John never gave Bill the authority to sell his watch and never made an offer to sell it to Carl himself... obviously he is not obligated to sell it.
Not bad, My answer was a page and a half long so heres the condensed version, John made an oral contract with Bill - Bill rejected the offer, John was the offeror Bill Offeree. Carl then made an oral contract to John to buy that watch. Carl became the offeror and John the offeree. John can either accept or reject Carls' Oral contract.
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James @ ID-M
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MaineExport
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James @ ID-M wrote:The owner of any property, business or private, holds the right to reject a sale and/or service to any person.
Is this not correct? Not particularly to your question, but just in general.
Not always.
I'm certainly no law major... but from my experience with business law there are certain instances where you can be bound to a contract of sale or purchase through the actions of others. It is what I refered to earlier with the Principle/Agent/Third party relationships. The owner (principle) can be bound to sell his/her property to a third party (or buy from a third party) because of the actions of another (agent).
There are several things that can legally establish an Agent/Principle relationship... but usually they are related to the actions of the owner (principle) not some dude that didn't want your watch.