Team B Scenario 3

The Brian Harry Train Scenario

In the scenario where Brian makes Harry believe that he would sell his trains to him Brian would most likely win the suit. In order for for there to be a valid contract there are three elements that must be met. An offer, acceptance, and consideration are what is needed to make contract. In this situation there was not an exchange of consideration. Harry did not give or offer anything of value to hold the train. There was no proposed amount for the trains. When brian told Harry that was the only person that he planned to offer the trains to because he knew he would take care of them, there were no proposed terms, no acceptance of terms. At most there was only statements to possibly enter into a contract in the future. Since there was no terms or price discussed this would be the item that disqualifies the discussion as a contract.

The second argument that Harry could make would be “ Prommissory estoppel” ,A doctrine in which a non contractual promise may be made enforceable to avoid an injustice. (Marshall Wick, 2007). Even though Brian may have made a false statement that made Harry invest money and remodel his room. Brian also allowed Harry to continue to remodel the room and did not say anything to Harry. The fact that there was not a disclosed price or discussion of price would not be reasonable to conclude that there was a binding offer. The fact that these trains are rare one-of-kind trains and collectors items it would also be unreasonable that there would be a promise to sell the trains with out establishing a price. Based on these circumstances Harry would loose on both the