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Bus 415 Week 4 Scenario 3

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Submitted By saralujan
Words 436
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BUS/415 Robert Hedicke
Week 4

Scenario 3

Brian McDonald spent his time away from work on his hobby, model trains. His train set was large and consisted of rare and one-of-a-kind trains. One day, while visiting with fellow train hobbyist Harry, Brian said, “When I retire in 2 years from Food mart, I’m going to sell my trains and spend the rest of my life traveling on real trains.” Brian told Harry that he was the only person he planned to offer his trains to, because he knew Harry would take care of them. Harry said he looked forward to the day when he could buy the trains. Harry spent the next 2 years and most of his savings building a new 2,000-square foot room onto his house to make room for the trains. When Harry told Brian he was building the new room, Brian just smiled. Brian also heard that Harry borrowed money from his aunt to buy the trains. When Brian retired, he sold his trains to his neighbor, James. Harry sued Brian, claiming breach of contract, or in the alternative, for promissory estoppels. Who wins? Explain your answer. * * * In this case it seems as if Harry has the right to sue Brian. In my opinion what they had was an oral contract in which the contract was breeched at the time Brian decided not to sell the trains to Harry but to sell them to his neighbor James. This would be the intentions of Harry’s retirement to retire in two years from the Food Mart and spend the rest of his life traveling on real trains, the trains he would buy from Brian. In this case Harry did not get the trains as agreed upon by both parties so this would be a material breach as well. In addition since the contract that stood between Brian and Harry was a promissory estoppels. Under the contract law Harry was going by what they agreed upon and basing everything on a verbal agreement they made but was not formal. This would also not be fair for

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