I signed a contact but upon signing I now know that the person I sign this with the purchased did not belong to him until about 30 to 45 days after I signed this. Now he is saying I breached the contract how can that be when or if it was valid. do I have grounds for legal action.
2006-12-18 10:05:39 · 5 answers · asked by Tammy 1 in Politics & Government ➔ Law & Ethics
you have to prove that he didnt obtain the item until after the contract was signed....if you can do that the contract is void. If you can't you may have to execute the contract you signed.
2006-12-18 10:12:05 · answer #1 · answered by bwassinger 2 · 0⤊ 0⤋
If I understand you correctly you are saying that the person you signed a "contract" with did not own the item he sold you? If this is the case there is no breach because there is no contract.
A contract must consist of a valid offer, acceptance, consideration and the legal capacity to contract. If the item in question was not the other persons to sell then there is no consideration. Consideration must be explicitly bargained for and provide a benefit to the promisor or a detriment to the promisee. If the other person did not own the item in quesiton then there is no way it could be legally bargained for, therefore, there is no consideration and hence no enforceable contract.
You definitely have legal grounds if I am understanding your question correctly.
2006-12-18 11:27:44 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Timing is everything. What did the contract say about performance or delivery date? Was it left open as to when items would be delivered? If open, there is no breach. Sounds like he is offering to perform pursuant to the contract. You are in breach if you did not say before his offer that you are cancelling the contract, and if there was no due date that he did not meet.
2006-12-18 13:11:54 · answer #3 · answered by alaskasourdoughman 3 · 0⤊ 0⤋
If he delivered the item according to the terms of the contract there is no breach. Companies and individuals do it all the time, have orders filled by the manufacturer and have it drop shipped to the customer. It is standard practice. I don't necessarily agree with it, I think that this arrangement should be revealed to the customer, if that is how you choose to do business.
2006-12-18 10:17:08 · answer #4 · answered by Back Porch Willy 3 · 0⤊ 0⤋
in the beginning, minors are often no longer seen to be waiting to pass into into binding contracts. And confident, for a settlement is binding, there ought to be attention, meaning the college could ought to provide up something they could ideally be entitled to. So, it particularly is in all possibility no longer a settlement. in spite of the undeniable fact that, i do no longer think of your college meant this to be a settlement. it particularly is an acknowledgment which you recognize what you could placed on, and what's going to ensue in case you do no longer comply. this way, you could no longer plead lack of understanding later.
2016-10-18 11:14:21 · answer #5 · answered by Anonymous · 0⤊ 0⤋