Asked in Contracts

Q: If I made an offer to my friend 1 to sell my furniture at Rs 20, 000 and he agrees to buy at Rs 19, 000. `

But then I sell my furniture to another friend 2 at Rs 21, 000. Can friend 1 sue me for damages?

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1 Lawyer Answer

A: Normally, your friend would be considered to have made you a counteroffer at 19K Rs to your offer to sell at 20K Rs. If you did not accept the counteroffer, then no contract has occurred, because there has not been a "meeting of the minds" on the price of the goods. If that is the case, then normally your friend would have no case if you sell the furniture to a third party for a higher price. On the other hand, if you did agree to sell the furniture to your friend for his counteroffer price of 19K Rs, then normally a contract would have been formed and your friend would therefore have a case against you if you sell the goods to a third party. Of course, this assumes that there are no other facts, statutes, laws or contracts that would affect this analysis. In this regard, I would consult with a lawyer in the jurisdiction in which you are proposing to sell the goods.

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