May 7 Odell Mails The Form Signed By Nic To Myra
May 7 Odell Mails The Form Signed By Nic To Myra When Myra Receives
May 7, Odell mails the form signed by Nic to Myra. When Myra receives the signed form from Nic, she refuses to sell the house to him. Nic files a lawsuit against her for breach of contract. Which contract law applies to this case: UCC or common law and why? Provide your analysis of each contract law and why the one you selected applies.
What is the court likely to rule on the breach of contract claim? And why? 400 words
Paper For Above instruction
In this case involving the mailing of a signed form by Nic to Myra and her subsequent refusal to sell the house, determining whether the Uniform Commercial Code (UCC) or common law applies hinges on the nature of the contract involved. Typically, real estate transactions are governed by common law, given the uniqueness of land and the legal principles associated with real property contracts. Conversely, the UCC primarily governs transactions involving goods — movable tangible items. Thus, the initial consideration is whether the contract in question pertains to goods or real estate.
Application of Common Law and UCC
Common law governs contracts for the sale of real estate, services, employment, and intangible rights (Restatement (Second) of Contracts, 1981). Since the case involves the sale of a house — real property — common law is the default governing legal framework. Under common law, the contract’s existence is established once there is an offer, acceptance, and consideration; the delivery of a signed agreement by Nic to Myra signifies acceptance. Once Myra receives the signed contract, the agreement is generally deemed valid and enforceable, assuming all legal requirements are met.
The UCC, Article 2, governs contracts for sale of goods and requires a contract to be clear and conduct to support a reasonable belief that both parties intend to form a binding agreement. If, hypothetically, the transaction involved the sale of movable personal property rather than real estate, the UCC would apply.
Why Common Law Applies Here
Given that the transaction involves land — real property — the law most relevant is common law. Real estate transactions are inherently different from sales of goods; the latter are portable, fungible, and governed by the UCC, which emphasizes detailed, specific contract terms for goods sales.
Likely Court Ruling on Breach of Contract
Courts are likely to rule in favor of Nic, assuming the signed agreement constitutes a valid contract. Under common law, once Myra receives the signed contract, she is legally bound to fulfill the sale, barring any valid defenses such as fraud or mutual mistake. Her refusal to sell constitutes a breach of contract. Courts tend to enforce the manifestation of mutual assent through signatures, especially when the signed document clearly indicates an intent to transfer property. Since Myra's refusal occurs after the signed form is delivered, her breach involves failure to perform her contractual obligation.
Conclusion
In sum, the applicable law here is common law because the transaction involves real estate. The court is likely to find that Nic has a valid, enforceable contract once the signed agreement is delivered, and her refusal to proceed constitutes a breach. The ruling will hinge on the evidence of mutual assent and the legality of the contract terms, reinforcing the principle that contracts for real estate must be honored once properly executed (FARNSWORTH & JAMES, 2013).