Consumer Law, Warranties Fraudulent Misrepresentation

[gerlyn]

When A offer to buy something at a price verbally from B, and the offer was remain open for three month. After two month B accept A's offer, however, A refused to buy stating that it had been a joke and there is no formal contract.

Is there fraudulent misrepresentation in this case?

I understand that this case is similar to Lucy v. Zehmer (1954 Sup.Ct. VA) 84 S.E.2d 516 where there was no fraud, no misrepresentation, no sharp practice and no dealing between unequal parties

 

[army judge]

When A offer to buy something at a price verbally from B, and the offer was remain open for three month. After two month B accept A's offer, however, A refused to buy stating that it had been a joke and there is no formal contract.

Is there fraudulent misrepresentation in this case?

I understand that this case is similar to Lucy v. Zehmer (1954 Sup.Ct. VA) 84 S.E.2d 516 where there was no fraud, no misrepresentation, no sharp practice and no dealing between unequal parties

I shouldn't, but I will this one time, do your homework.

Be advised, this would normally cost you a minimum of $500 for such an answer.

I'm allowed to rob people using my law degree.

But, I'm in a charitable mood today.

So, here goes.

I'll respond with generally accepted principles under the UCC and contract law.

A offered to buy three widgets from B at $10/widget.

A further added that this pricing arrangement would remain open for three months.

Two months alter, B accepted the offer to buy three widgets at $10 each.

A then says, it doesn't matter what A says.

There was merely an offer, and no acceptance.

An offer without an acceptance does not a contract make.

There is no misrepresentation in this matter.

There was simply an offer without acceptance.

There was also no obligation on the part of B to let the offer stand for three months without receiving some compensation.

That would have been an option on the offer.

No, there is no there here!