My business law case i need help with it ?

Okay Facts About The Case:


1. Mr A. 25 years old promised to sell for 20.00 a beatles ';white cover'; ablum to Mr. B age 24. The ablum is to be original and not reissued or a new cd. delivery by dec 1 1999





2. mr a knew that his older sister had the ';white cover'; ablum. mr a figured he could take his sister out of the album and sell it for 20.00


mr a's sister had a whitecover ablum and borrowed it from her boyfriend the couple broke up and the album is gone and the boyfriend left town and cannot be found





3. Mr. B wants a contract enforced he know the ';white cover'; ablum is worth 50.00 he also know the ';white cover uk'; album is extermely rare and values 5,000,00. mr b knows nothing about the value ablum just that his sister had the ';white cover'; album





4. there is a witness to the oral agreement concerning the ';white coveruk'; ablum





5. an expert iin collecting records is available to testify





OKAY SOOOO THIS IS WHAT I HAVE SO FAR I AM THE LAWYER FOR MR B.





I HAVE A SWORN STATEMENT FROM THE COLLECTING EXPERT THAT ONLY TEN SPECIAL WHITECOVERUK ALBUMS WERE SOLD AND ONLY SO TO THE ROYAL FAMILY....





I HAVE A SWORN STATEMENT FROM THE WITNESS AT THE ORAL AGREEMENT THAT THEY WERE AGREEING ON A WHITECOVERUK...





I HAVE A SWORN STATEMENT FROM THE SISTER THAT HER BOYFRIEND HAD THE WHITECOVER AND NOT THE WHITECOVERUK AND THAT HER BROTHER ASKED FOR IT





I HAVE SWORN STATEMENTS FROM MR. B THAT SAYS HE KNEW HE DIDNT HAVE TO CD BY OCT (NOTE THE DELV. WAS DEC!!!)





I NEED SOOOMEE POINTER AND WHAT TO SAY LIKE OBJECTIONS AND CLUES I CAN GET FROM THIS INFORMATION





I HAVE A CASE TOMMORROW IN CLASS IM IN HIGHSCHOOLMy business law case i need help with it ?
';Hi';......Don't go by me but where is the ';consideration'; ?





I always thought there were 3 parts to a contract ,written or verbal and namely...





Offer....an offer to sell the album





Acceptance....agree to buy the album





Consideration...an exchange of funds either a down payment or whatever and a receipt issued !





I realize the ';Performance'; can't be done because there is no Album......but I also think that the contract is null and void because of no ';Consideration';! Even a dollar down would have made the contract valid.





It seems that the buyer was more informed as to the real value of the album thanthe seller was and the seller's motivation was diminished in that he had no funds from the buyer! If I were the buyer and was duping the seller and he was ,and make no mistake about that ,then I would have been more prudent and ensured that ';Consideration'; was done so that there would have been no problem with sueing for ';Specific Performance';!





I mean I could be wrong but it's just my opinion ! *S* (Michael C...)My business law case i need help with it ?
Well, from what I can tell Mr. A did not have capacity to enter into an agreement verbally or by written contract as he did not own the album in the first place. You cannot sale property that belongs to someone else. If Mr. B wants to enforce a oral contract against Mr. A thinking he will get a $5,000.00 whitecoveruk for $20.00. Mr. B. needs to find himself another lawyer as he is knowingly commiting larceny with is a felony thereby making whatever contract he made null and void. Besides if only 10 uk albums were released and the royal family has them then the expert record collecter would know this. As far as I can tell neither one of them had the capacity to enter into this agreement as one did not own it and the other was thinking he could scam him out of a expensive album for nothing. I don't think an oral agreement with these facts are legal. I don't think they had a contract at all. Whatever state you are in look up what constitutes a contract. Enter in state of where you are and see if this agreement meets the requirements. I'm pretty sure any judge that heard this would throw them both out of court and dismiss the case