Parker v. Glosson

Parkerv. Glosson

Parkerv. Glosson Case

TheCourt of Appeals held that no contract ever came into existencebetween Douglas Glosson, Sandy Glosson and Parker. It was cited thatthe signature of Douglas Glosson was not enough because the sellersof the land were Douglas Glosson and Sandy Glosson and that requiredthat the two of them were to agree on the terms of sale. For acontract to bound, both parties involved have to be willing to selland to buy and that makes mutual assent an important element. Thesignature of Douglas Glosson would have been enough if the contractwas between him and Parker, but it was not enough since Sandy wasalso incorporated in the contract and she did not sign it. Thecontract was not fully executed without the signature of Sandy(Meiners, Ringleb &amp Edwards, 2012 FindLaw, 2014).

SandyGlosson initially promised to sign the contract but later backed out.She had right to either commit or back out. That is because acontract is about minds coming together and is engaged by mutualconsent. Until an individual commits to a contract by signing, theyhave the right to change their mind or renegotiate the contract(McKendrick &amp Cohen, 2005). That is because a contract becomeslegal the time the parties involved sign on the provisions and arebound by it. Otherwise, before signing they retain their discretionto make their own decisions and decide what is in their best interest(Cherednychenko, 2007). Sandy Glosson is protected by law not to becoerced into signing a contract that she feels does not benefit herown interest and being a mutual assent both parties need to besatisfied with the terms. The buyer must be willing to buy and theseller willing to sell (Thompson, 2012).

References:

Cherednychenko,O. O. (2007). Fundamentalrights, contract law and the protection of the weaker party: Acomparative analysis of the constitutionalisation of contract law,with emphasis on risky financial transactions.München: Sellier. European Law Publishers.

FindLaw(2014). Parkerv. Glosson. Retrievedon July 3, 2014 fromhttp://caselaw.findlaw.com/nc-court-of-appeals/1327452.html

McKendrick,E., &amp Cohen, N. (2005). Comparativeremedies for breach of contract.Portland, OR: Hart.

Meiners,R. E., Ringleb, A. H., &amp Edwards, F. L. (2012). Thelegal environment of business.Mason, OH: South-Western Cengage Learning.

Thompson,M. P. (2012). Modernland law.Oxford, U.K: Oxford University Press.