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June
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Tom Green spent his time away from work on his hobby, model trains. His train set was very large and consisted of rare and one-of-a-kind trains. One day, while visiting with a fellow train hobbyist Harry, Tom said, “When I retire in two years from Grocery, I’m going to sell my trains and spend the rest of my years traveling on real trains.” Tom then told Harry that he was the only person he planned to offer his trains to because he knew Harry would take good care of them. Harry said he looked forward to the day when he could buy the trains. Harry then spent the next two years and most of his savings building a new 2,000 sq. ft. room onto his house to make room for the trains. When Harry told Tom that he was building the new room, Tom just smiled. Tom also heard that Harry had borrowed money from his aunt to buy the trains. When Tom retired, he sold his trains to David. Harry sued Tom claiming breach of contract, or in the alternative, for promissory estoppel. Who wins? Explain your answer.

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1 comments for:

I think that Harry wins because he is the one who was promised the trains and that he fixed his house up to ?

Homer | 28.06.2010 at 11:11 am

writing has zero to do with it

While an offer may have been made and accepted (the quantity was not discussed, some trains, all the trains?) there was no affirmative acceptance,(Harry said he looked forward to the day when he could buy the trains, but did not say, I accept your offer). Nor was consideration exchanged which is a required element, nor was consideration bargained for.

Equitable estoppel, interesting thought, but it requires that a contract be found first, Promise + consideration = contract
Although, Promise + reasonable & forseeable reliance = enforceable promise
Was harrys reliance reasonable for a train set? "Harry spent two years and most of his savings building a new 2,000 sq. ft. room onto his house to make room for the trains" Not exactly reasonable, and Harry could easily use this room for another purpose.

Thus, no contract made, Tom wins

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