On Sunday, in a telephone conversation, Oliver agreed to grant Yana an easement for a pipeline across land owned by Oliver for consideration of $50, Oliver to deliver a deed to the easement and Yana to pay the $50 on Friday . On Tuesday Yana wrote Oliver, "This confirms our agreement of two days ago whereby you will deed me an easement for a pipeline across your land for which I will pay you $50.00 and that you will deliver a deed to the easement this coming Friday and that I will pay you for it then." Yana signed the letter and Oliver received it on Wednesday. On Thursday Oliver phoned Yana to tell him that he'd changed his mind about the easement. Yana threatened to sue Oliver for breach. Could Yana win?
I am not an attorney. So my opinion counts for squat.
But, from what little I know, I doubt Yana could win. Yana does not have a signed piece of paper from Oliver agreeing to the the terms. Oliver's sole knowledge of the terms of the "agreement" were established in the telephone conversation.
It depends on what state really. There are some that still take a verbal contract as binding. Some however only recgonize written contracts, so yes dependant on the law of where they are at Yana could possibly win her case.
To determine whether Yana could win a lawsuit for breach of contract against Oliver, we need to analyze the elements of a contract and the actions of both parties in this situation.
In general, a contract consists of four essential elements: offer, acceptance, consideration, and intention to create legal relations.
1. Offer: Oliver's agreement in the telephone conversation to grant an easement for a pipeline across his land can be considered an offer.
2. Acceptance: Yana's written confirmation of the agreement in the letter she sent to Oliver can be seen as acceptance. However, it's important to note that acceptance is typically effective upon communication, so the timing of when Oliver received the letter becomes crucial for determining whether there was a valid acceptance.
3. Consideration: In this case, both parties have agreed to consideration. Oliver agreed to grant the easement, and Yana agreed to pay $50 for it.
4. Intention to create legal relations: The written confirmation from Yana in the form of the letter suggests an intention to create a binding legal relationship.
Now, let's consider the sequence of events:
- Sunday: Oliver agrees to grant Yana an easement for $50 (offer).
- Tuesday: Yana confirms the agreement in writing and sends the letter (possible acceptance).
- Wednesday: Oliver receives the letter (possible acceptance).
- Thursday: Oliver changes his mind and informs Yana.
Based on the information provided, it appears that an offer, acceptance, and consideration existed. However, since the letter confirming Yana's acceptance letter is received by Oliver on Wednesday, and Oliver changes his mind on Thursday, the timeline becomes relevant to determining the validity of the contract.
If the acceptance was communicated to Oliver before he changed his mind, it's likely that a valid contract was formed, and Yana could potentially win a lawsuit for breach of contract if Oliver refuses to grant the easement or deliver the deed.
However, if Oliver changed his mind before receiving the letter from Yana, it could be argued that there was no valid acceptance, and therefore no binding contract was formed. In this case, Yana would have a weaker case for breach of contract.
Ultimately, the outcome would depend on the timing of the acceptance and whether a court determines that a binding contract was formed. For a definitive answer, it would be best to consult a legal professional familiar with contract law in the relevant jurisdiction.