Week_3_Brian_Mcdonald_Spent

More than likely, Mr. McDonald will win all counts. First, contracts require offer, acceptance, and consideration. The conversation between Brian and Harry is not concrete enough to be constituted as an offer, there was no price discussed, but more a possibility to buy if offered to Harry in the future. Harry could attempt to argue that an “options contract” existed between them both because of the opportunity Brian put in front of Harry, but no real consideration is enough for an offer. So in turn, the possibility of a contract ever being present, fails. The promissory estoppel found under RS90 requires a promise, reasonable reliance, and satisfaction of equity. Harry may claim that Brian made the promise to Harry to sell the trains to Harry when the chance presented itself, giving Harry the assumption of having ‘exclusive’ rights to the trains. Brian had the chance to state otherwise during the conversation, which from the story Brian, didn’t do, giving Harry the impression a ‘deal’ had been made. The first reason this doesn’t hold up is the fact the when Harry assumed he had the right, this isn’t reasonable and reasonableness is objective. Brian, at no point made a promise on price, knowing his trains were “one-of-a-kind” and rare, never set a price and in not reasonable for Harry to assume an offer was present. The other point, the promise to sell is insufficient enough to constitute a binding contract under Restatement 90. The arrangement lacks material, and did bind Brain to selling the trains to Harry ‘exclusively’. Being the arrangement made were not enough to justify a “promise” under RS90, and with the reality of the statement being not objectively reasonable, Harry should lose the promissory estoppel as well.