Sherwood Vs Walker Essay

BUS 3305 Unit 4 Week- Written Assignment:

In this week’s written assignment, students are required to Research the American case of Sherwood v. Walker. This case was during the nineteenth century era involving the sale of a cow. It is recognized as one of the most famous contracts cases in American law. Us students are required to give an outline of the facts in the case. Then, we are required to answer the following questions: what were the main legal issues involved? What approach did the court take in addressing the legal issue? How did the court apply its approach to the facts of the case? Also, we are also required to provide a detailed example of how the court's conclusion might have been applied in a modern business setting. Lastly,

Sherwood was invited to one of Mr. Walker’s pastures under the presumption that Mr. Sherwood was there to buy cattle off of Walker. This displayed the action of implied covenant, on the good faith that Sherwood would buy cattle from Walker. Shortly after this time as the two arranged for Mr. Sherwood to browse Walker’s selection of cattle, sir Sherwood did present an offer of business to Walker. Mr. Walker agreed to the offer presented by Sherwood thus, creating mutual assent. It is true that, Mr. Sherwood presented Walker with an offer over the cow called Rose 2d of Aberlone. The two men and made an agreement and settled on the idea of selling the cow for five and a half cents per pound of weight of the cow. Thus, solidifying the terms of the contract with each other. However, soon after Walker discovered his cow he had recently agreed to sell, was in fact with calf and not barren. Later when Mr. Sherwood showed up to make payment over the cow, Walker refused to accept payment and had breached the contract because he would not follow through with his previous agreement made just days before. The contract would not be made void because the terms were very clear with each other. Sherwood presented an offer, Walker accepted the offer. Both men and made an agreement over the offer for five and a half cents per pound of weight on the cow. It is true now that Mr. Walker was tied to make duty over the contract they

The Supreme Court of Michigan approached the case as both men thought that the cow was barren and made a contract. However, based on the concept of mutual mistake. The legal consideration of the contract failed, because the agreement was made over a “barren” cow. Not a cow with calf. Thus, both parties were mistaken in arranging a contract.

How did the court apply its approach to the facts of the case? So, the Supreme Court of Michigan ruled on July seventh of eighteen eighty seven was a mutual mistake. So the contract was voidable as both parties were mistaken when they each created terms with each other.

Had this same situation occurred during a modern business setting, let’s suppose I was a business owner. I was in the business of breeding dogs. Then, one day I walked into a pet store. So, I strike a deal with the owner of the store that I’ll buy a couple lame non-b*tches in whelp dogs on discount. We agreed on a price and then later I would come later to pick up the dogs. However, when I come to pick up my dogs I realize the other business owner just refused to sell the lame dogs for discount since to our discovery they were in whelp. Had this situation gone to court, the court would of settled on mutual mistake because we both were convinced the dogs were not in whelp. I think that is how a modern court would of handled this