LS311_03_Assignment_Unit_7_.docx LS-311 Business Law Unit 7 Assignment
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LS311_03_Assignment_Unit_7_.docx LS-311 Business Law Unit 7 Assignment LS311-03 Business Law Purdue University Global Date: 3/22/2021 To: Attorney Les Agne, Partner From: Erik Montanez, paralegal Re: Cardigan auction—contract breach and remedy Much like any other contract, an auction is when an oral agreement between multiple parties bid for a prize with the highest bidder awarded the right to buy the item. Because the item has significant value, it satisfies the contract elements: offer, acceptance, and consideration. Ms. Pearl entered the auction intending to obtain a one-of-a-kind dress worn by her favorite actress. She won the bid at $8,500, but she feels there was interference by the Cardigans to pivot to her rival in her bidding war, namely Ms. Jade, who is not a party in the lawsuit. Counsel should not add Ms. Cassie Cardigan as a party either because she was under undue influence by her boss and relative, Ms. Candie Cardigan, whom the client claims is affiliated with Ms. Jade. However, because in a suit, the legal action is not for compensatory damages, the lawsuit's purpose is to retrieve an item, and it is best to exclude Cardware unless the company was directly involved. The contract is present because an oral agreement is connected when the plaintiff won the highest bid for the right to the dress, which was the offer, to sell the dress at an auction under UCC 2 § 204 (2). (Rogers, 2015) The bid of $8,500 was accepted when Ms. Cassie Cardigan affirmed the plaintiff's
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