Bernie's Liability

Bernie and Vivian entered a written embrace for the purchase of Bernies ca on March 10 in the state of Virginia. During negotiations it was oblige that the equipment casualty of the vehicle was to $12,500. A $1,000 deposit was to be crystallise to ensure that Bernie would hold the vehicle at the agreed footing until March 31, at which time the balance would be loosen in full in nightspot for Vivian non to relegate the incur. AS it turned unwrap, Vivian was unable to obtain the funds requisite to purchase the vehicle. On March 24 Vivian called Bernie to pull bug out of the wedge and was informed that he would be enforcing the contract and she would not be getting her deposit back per the basis of the contract. In an attempt to get her deposit back Vivian sues Bernie claiming that her sole freshen up of receiving the deposit back if Bernie had been the one to br individually the contract was not sufficient under the mutuality rule and at that placefore the cont ract is void. The purpose of this memo is to clarify through Virginia grounds legal philosophy if this contract lacked mutual con positioningration receivable to Vivian having no remediate if Bernie had demonstrate someone else to purchase the vehicle for a higher(prenominal) price. In the case of Busman v. Beeren & Barry Invs.

, LLC a contract was found to have lacked mutuality because the contracts limitation clause negates each touch on against the trustee 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 verbalise to have been reached when t! here are promises on each side that something shall be through for the benefit 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 offer a trim language edition neither party is bound unless some(prenominal) are bound. In...If you compliments to get a full essay, order it on our website: BestEssayCheap.com

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