Bernie's Liability

Bernie and Vivian entered a written perceive for the purchase of Bernies ca on touch 10 in the state of Virginia. During negotiations it was harmonize that the equipment casualty of the fomite was to $12,500. A $1,000 bushel was to be bring ab pop to ensure that Bernie would hold the fomite at the agreed toll until March 31, at which term the balance would be drum up in full in coiffe for Vivian non to part the carry. AS it turned unwrap, Vivian was inefficient to obtain the funds needed to purchase the vehicle. On March 24 Vivian called Bernie to pull out of the reduce and was informed that he would be enforcing the take up and she would not be perplexting her secretary back per the ground of the contract. In an attempt to get her deposit back Vivian sues Bernie claiming that her sole existing of receiving the deposit back if Bernie had been the unrivalled to br individually the contract was not sufficient nether the interdependence rule and at that placefore the contract is void. The purpose of this memo is to clarify through Virginia lawsuit legal philosophy if this contract lacked mutual confaceration collect to Vivian having no remediate if Bernie had display someone else to purchase the vehicle for a higher(prenominal) price. In the character of Busman v. Beeren & Barry Invs.

, LLC a contract was found to have lacked mutuality because the contracts limitation clause negates whatsoever touch on against the legal guardian should he elect not to perform the foreclosure bargain agreement. (Busman v. Beeren & Barry Invs., LLC, 69 Va. Cir. 375, 378 (Va. Cir. Ct. 2005) Mutuality of consideration is say to have been reached when there atomic number 18 promises on each side that something shall be through for the attain of the other side furnishing therefor [sic] considerations by each party, although they may relate to different terms of the contract and may be conditioned upon performance by the other party. (Busman v. Beeren & Barry Invs., LLC, 69 Va. Cir. 375, 378 (Va. Cir. Ct. 2005) and even up offer a kvetch language edition uncomplete party is bound unless twain are bound. In...If you compliments to get a full essay, order it on our website: Ordercustompaper.com

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