The first issue is whether or not Enzo had a valid contract with Gina when she asked him to take possession and care of her car until she returns home from active military duty. As compensation, Gina gave Enzo the right to use the car while in his care and he agreed. It appears that in this case they did have a valid contract. There was a valid offer and acceptance by both parties. There was consideration by both parties for the benefits. The verbal contract was for a lawful purpose and both parties appeared to be adults of sound mind.
With this issue of a contract, both parties seem relevant to the four elements for which Enzo will take care of Gina’s car while she is away and until she returns. The second issue is whether or not Enzo and Gina had a legitimate contract with Time Warner Cable since Enzo would be spending most of his time at Gina’s apartment. In this case Gina and Enzo have a bilateral contract with Time Warner. A bilateral contract is when you have two parties that each makes a promise to do something.
In this scenario, Gina and Enzo signed a contract that allowed them to have HD in the apartment for 12 months while they pay Time Warner $50 per month for that service. In conclusion, there is a legal binding between both parties. The third issue is whether or not Enzo had any right to sell Gina’s car on eBay after she departed for the military. Enzo forged Gina’s signature to allow the car title to go to Mr. Buyer. After the sale, Enzo negotiated the check to Mr. Landlord for rent.
After these transactions were done, Gina returned home from the military and now has filed a lawsuit against Enzo and Mr. Buyer. Mr. Buyer now wants his money back and is suing Enzo and Mr. Landlord. There are several issues with these descriptions. First of all, it is illegal for Enzo to forge Gina’s signature. It’s a void-able contract because the law permits one party to terminate the contract due to the unlawful purpose of the transaction. Because of this, Mr.
Buyer should get a full refund for the sale of the vehicle or go after compensatory damages in which the amount of money is what the court believes should be restored. Gina has the right to go after Enzo with a civil lawsuit. Intentional torts are when someone is harmed by an intentional action. That is exactly what Enzo did in this case. He intentionally forged Gina’s signature and knew he would be able to sell the car and receive the funds. Mr. Landlord should have to give the funds back and then could make a decision on whether or not to pursue a lawsuit against Enzo or try to work a deal out with Gina.
The fourth issue is whether or not Enzo is able to void the sale of the car since he is legally a minor and can void contracts. To go along with the possible void-able contract, Enzo, depending on judgment, wants to file for Chapter 7 bankruptcy and discharge the debt. Fortunately for Enzo, a void-able contract is doable because of him being a minor. In this case, because he is a minor, the contract is void and the debt around him for that transaction could be dropped. We would use the rule of unenforceable agreement.
With this law, the parties may intent, but rule of law prevents the contract because Enzo is a minor. In conclusion, no bankruptcy would have to be filed because of the voided contract. In the fifth and final issue, after Gina filed the lawsuit against Enzo, he started to harass her by showing up to see her at the apartment and work along with phone calls. These were threatening gestures and demanded that she drop the lawsuit. This is an example of tort law in the case of assault.
Assault is when the defendant does some act that makes the plaintiff fear an imminent battery. In conclusion, this definition precisely explains how Gina felt when Enzo threatened her to drop the lawsuit against him. In the end, Enzo used several differences against the individuals. Examples included forging Gina’s signature, being able to void a contract due to unenforceable agreement and threatening Gina by means of assault. Gina has the right to file a civil lawsuit after being threatened by Enzo and what he could possibly do to her.
Courtney from Study Moose
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