Quote:
A deposit was offerred by the buyer, however the seller didnt feal comfortable with giving out his bank details..
This new information of comfort leads me to think there was never an intention to enter into a binding agreement...but
Quote:
i know we had an agreement but this guy wont stop hassling me
He here acknowledges it although obviously does not take it too seriously...
Quote:
Subsequent to the offer and acceptance by both parties the buyer organised plane tickets/hotels/pik up trucks etc.
As SaltWater Cowboy noted, consideration is also required to form a contract (something to bind them). This is normally seen as a deposit but it can also be seen in a detriment. This organisation of travel has conferred a detriment upon BUL33T's friend, of which 45USN knows about, and thus consideration here can be argued. That is what I have thought from the start.
As typical with law, if there is no consideration, a binding situation could still exist with the equitable exception of promissory estoppel. Estoppel prevents someone from gaining from their own wrong and one of its instances is induced reliance. Here there is reliance upon 45USN as expensive arrangements which he would reasonably have knowledge of.
By the way, if a breach is proven, remedies could include the cover of travel costs and the difference in market and contract price of the vehicle. This is to put the victim in the position they would have been if the contract was fulfilled (ie. able to purchase a similar item at market price).
L18_B110 is correct in the questioning of what time had passed to allow these events to transpire.
Cheers
Brock
Transfer
