Legal Question in Business Law in Arizona

Breach of contract

When I was under 18 I allowed a fellow employee to examine my laptop. Afer examination he wanted to buy it. I spoke with my parents and secured the posibility of its sale. Upon telling him this he informed me he had already sold it. I set a price of $900. He has yet to pay me, It has been three months and seven attempted meetings later.


Asked on 7/15/99, 3:55 am

1 Answer from Attorneys

Re: Breach of contract

Excuse me???????? He 'borrowed' the laptop (ostensibly to try it out and maybe sell it) and then he SOLD it???????? That's not breach of contract at all. It's larceny. In fact, it's also criminal. He stole it from you. "Larceny under false pretences" or "continuing larceny" or various other appelations come to mind, but I personally would call the police. Let them find out who he sold it to and get it back for you. The guy who bought it was probably also guilty of a crime (receipt of stolen goods); besides that, you probably have the right to go after him for the entire amount (not just $900 - the amount he paid your coworker) since his purchase was probably not bona fide under the UCC.

Perhaps I misunderstood your story. It's unbelievable.

By the way, the fact that you are under 18 has no bearing on any of this. This wasn't a contract, that is, there wasn't any agreement to sell with an agreement to buy. In general, your being under 18 could mean that YOU might not be held to a contract you make, but it doesn't let the other person off from their obligations and in any case, even a child can't get away with taking another's lollipop without 'pay'.

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Answered on 7/19/99, 11:01 pm


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