LGST 101 Chapter Notes - Chapter 11: Meeting Of The Minds
30 Sep 2015
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In general, contracts must have: good faith offer, mutual assent, meeting of the minds. Look at language (does it say sell or offer ?) Rule: there is no sale of property unless there is an offer or proposal of sale. Summary: owen (p) agreed to buy land from tunison (d). 4 days later, tunison said he did not intend to sell the land. Owen suffered loss because of tunison"s unjust refusal to sell, and he claimed damages. Holding: no, tunison didn"t make an offer or proposal of sale. He didn"t say i offer to sell you for ,000. he made a general statement, an ad (i. e. i want 16,000 for this land). Party being estopped must intend that his conduct be acted upon: must be ignorant of the true facts. The party asserting the estoppel must rely on the conduct of the party to be estopped to his detriment.
