ETH/321 Elements of a Contract

ETH/321 Elements of a Contract Questions

Should Jack engage an attorney?

Valid contract with the widow?

Will daughter’s suit succeed?

Case Summary

Jack has to come to me with a business dilemma. Recently he purchased pieces of antique china for $150.00 from an older adult widow who was selling (to downsize for assisted living). Coincidentally, the adult daughter of the widow happened to visit his shop during one of his sales and saw the china, marked up with high prices. She advised Jack that the china shouldn’t have been sold to him, especially at a low price, and that her mother was going to assisted living because she was experiencing the early symptoms of Alzheimer’s disease. Even though the daughter offered Jack double what he paid for the china, he turned down the offer. Within a week, he was served with legal process seeking return of the china, or alternatively, its value, which was estimated to be $25,000.00.