Tinh Agrees to Purchase a Block of Land That Ed

question 15

Essay

Tinh agrees to purchase a block of land that Ed plans to sever from his property. Tinh pays a large cash deposit to Ed, the closing date is set for six months away, and they shake hands on the deal. Ed falls on hard times and he realizes he cannot subdivide his land since he cannot afford to lose any equity or the bank will foreclose on his mortgage. On the agreed closing date, he sends Tinh an email to back out of the deal. Worse still, Ed reallocated the cash deposit and cannot afford to pay Tinh back. Ed feels terrible and avoids Tinh's calls. Tinh sues Ed for breach of contract and specific performance. How will the Statute of Frauds be applied in this case? What is the legal effect of Tinh and Ed's deal?

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Definitions:

Short Run

A period in which at least one input (like plant and equipment) is fixed and cannot be changed by a business.

Long Run

A period of time in which all factors of production and costs are variable, allowing all inputs to be adjusted.

Alternative Goods

Products or services that can be used in place of each other, satisfying the same customer need or want.