Nick Kraynyk (Dusty Cropper)

908 Thisisafakeaddress
Salt Lake City, UT
November 25, 2013
Ima Planeowner
098 Anotherfakestreet
Salt Lake City, UT, 84105
Dear Ima:
We have had negotiations for several months now of the cost of the plane I wanted to buy from
you. We have had several emails and talks about prices and what should be included in the price. We
also both agreed that we would like to finalize the contract by Dec. 31st, 2013. My final offer was in the
sum of $60,000 while your final counter-offer was a total sum of $65,000. No written contract or
promise was ever made about the purchase of this aircraft. Taking this into account this letter is going
to show you why there is no legal recourse available for you against me and my decline of the offer for
the plane.
Facts:
Contact was planned to finish on Dec. 31st 2013. My final asking price was $60,000 and your
final counter offer was $65,000showing price was never agreed upon. No written contract was ever
formed, as nothing was drafted and signed by either one of us. A meeting of the minds was existent,
although again price was not decided. No consent was ever given on my part for the contract to be
accepted by me. No undue influences or incapacitation that could void the contract existed.
Issues:
Was a legally binding contract ever formed?
Rules:
Contract price agreement: The final offer was not agreed upon by me
Uniform Commercial Code: States that any contract worth over $500 must be in writing and signed
by both parties.
Contract Formation Requirements: The checklist was not fulfilled that would make this a legal
contract.
Consideration: No promise or deal, as Ima calls it, was ever made.
Analysis:
As stated above the reason why I believe our contract is void and never really existed is because
of the fact that we never had a legal document drafted. Uniform commercial code to validate a contract
would require a contract to have been drafted and signed by both parties for this to be enforceable by
the courts. Since emails and phone conversations are all the agreements that exist our contract was only
formed in the verbal aspect and not legally binding in this case. Also no promise was made on my part
that I would accept the offer, we were simply in negations that failed.
Contract price agreement also re-affirms my ability to not be charged with the deal. The court
will see that a final price was never agreed upon by me and no mutual agreement was present between

Ima Planeowner
November, 25, 2013
Page 2
us. Under the UCC a price was specified in the emails, and not assumed to be already agreed upon
which is evidence an agreement was not met. When the court exams the emails between us they will
see that my final asking price was $60,000, while your final asking price was a total of $65,000. This
was not an unconditional agreement from you as the extra $5,000 was rejecting my offer and adding
new conditions to the agreement which I did not agree to. Since two important requirements of a valid
contract are meting of the minds and an agreed upon price we fulfilled half of that requirement. We had
complete understanding of the product being sold, but never had an agreement upon the price and this
is another reason why it is not enforceable in court.
In a legal dictionary you will find under the words acceptance of a contract the quote; An
acceptance is valid only if the offeree knows of the offer; the offeree manifests an intention to accept;
the acceptance is unequivocal and unconditional; and the acceptance is manifested according to the
terms of the offer. as the offeree I did know of the offer of $65,000, but I made no manifestation of
acceptance to the offer. On top of having no manifestation of acceptance there was no agreed upon
method of acceptance. I never said yes or no to the final offer and a lack of response on my part was
never agreed upon to be an acceptance of the offer.
Our agreed upon date to have a contract finalized was Dec. 31st 2013 but on Jan. 1st is when you
brought up this problem. The date of the contract to be finished by the 31st had expired at that point and
no agreement was reached. Even if the oral contract was valid here, which it is not, the contract date
had expired with no agreement on price which means once again the contract had become void.
Conclusion: In my research I can show that the contract between Dusty and Ima never existed
legally and therefor can not be upheld in a court. The only thing that happened between both parties
was negotiation and a failed final offer. With no written contract signed by both parties and a final offer
that was not unconditional we had no agreement between the two parties. Looking in a law dictionary
we see the quote; An agreement is binding if the parties concur with respect to the essential terms and
intend the agreement to be binding. Using this definition it is easy to show no binding agreement was
present because not only were the terms not agreed upon but Dusty had no intent to make a legally
binding contract. My representation of the facts say that a court would decide this is not a valid contract
simply because no contract was ever formed, so Ima has no legal recourse against Dusty in the courts.