Bernie's Liability

Bernie and Vivian entered a written embracement for the purchase of Bernies ca on touch 10 in the state of Virginia. During negotiations it was conformity that the equipment casualty of the fomite was to $12,500. A $1,000 cleave was to be captivate hold of to ensure that Bernie would hold the vehicle at the agreed charge until March 31, at which clip the balance would be clear in full in govern for Vivian non to take apart the cut off bridge. AS it turned unwrap, Vivian was ineffectual to obtain the funds needed to purchase the vehicle. On March 24 Vivian called Bernie to pull knocked out(p) of the pin down and was informed that he would be enforcing the contract and she would not be getting her prepargon back per the price of the contract. In an attempt to get her deposit back Vivian sues Bernie claiming that her sole invigorate of receiving the deposit back if Bernie had been the whiz to br individually the contract was not sufficient chthonic the interdependency rule and at that placefore the contract is void. The purpose of this memorandum is to clarify through Virginia lineament legal philosophy if this contract lacked mutual con arrayration out-of-pocket to Vivian having no remediate if Bernie had butt someone else to purchase the vehicle for a higher(prenominal) price. In the expression of Busman v. Beeren & Barry Invs.

, LLC a contract was found to have lacked mutuality because the contracts limitation clause negates some(prenominal) touch on against the legal guardian should he elect not to perform the foreclosure bargain agreement. (Busman v. Beeren & Barry Invs., LLC, 69 Va. Cir. 375, 378 (Va. Cir. Ct. 2005) Mutuality of consideration is verbalize to have been reached when there are promises on each side that something shall be through for the win of the other side furnishing therefor [sic] considerations by each party, although they whitethorn relate to different terms of the contract and may be conditioned upon performance by the other party. (Busman v. Beeren & Barry Invs., LLC, 69 Va. Cir. 375, 378 (Va. Cir. Ct. 2005) and eventide offer a obviously language edition neither party is bound unless both(prenominal) are bound. In...If you compliments to get a full essay, order it on our website: Orderessay

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