Prince’s Briefcase: Oswald v. Allen (Trujillo Contracts)


Contracts: What is an enforceable contract?

Here is a case from my Contracts class which teaches the concept of an enforceable contract–and how two parties must have the same (mutual) understanding to the terms in the contract.

Case Name, Citation Number, Author
Oswald v. Allen, US Court of Appeals 417 F.2d 43 (1969)

prince's briefcaseProcedural History
Plaintiff (Oswald) appealed an order from the trial court, which entered judgment in favor of the Defendant (Allen). Plaintiff believed that the contract was for the sale of coins existed in the Defendant’s coin collection.

Facts
–Allen is a coin seller of a particular Swiss coin collection.
–Oswald a coin collector negotiated for the purchase of Swiss Coins in Allen’s coin collection.
–Both met up and negotiated for the sale and purchase of Swiss coins. A contract was allegedly formed, which Oswald had a translator with him, for his language barrier, to interpret the terms of the contract.
–Oswald agreed to purchase “Swiss coins” while Allen agreed to sell ONE set of Swiss coins in his Swiss coin collection–not “Swiss coins”
–Allen refused to sell “Swiss coins” and Oswald sued thereafter
–Trial court entered judgment in favor of Allen (the Defendant)

Issue
Was there a (enforceable) contract?

Holding
No

Rule
When any of the terms used to express an agreement is ambivalent, and the parties understood them differently, there cannot be a contract, unless one of them should have been aware of the others understanding. Raffles v. Wichelhaus.

Reasoning
–“no basis for choosing between conflicting understandings” US Court of Appeals
–Restatements 201(2)(3): Go to Notes

Disposition
–Affirmed

Notes
Restatements 201(2): Where the parties have attached different meanings to a promise or agreement or a term thereof, it is interpreted in accordance with the meaning attached by one of them, if at the time the agreement was made
(a)That party did not know of any different meaning attached by the other, and the other knew the meaning attached by the first party; or
(b)that party had no reason to know of any different meaning attached by the other, and the other had reason to know the meaning attached by the first party
(3) Except as stated in this Section, neither party is bound by the meaning attached by the other, even though the result maybe a failure of mutual assent.

Prince’s Takeaway
There must be mutual assent to make a contract enforceable, meaning both parties need to understand the same meaning of any term in a contract. I believe that since Oswald had to use a translator to negotiate the purchase and sale the Swiss coins, he was unable to ascertain Allen’s meaning of what “Swiss Coins” actually meant to him–which was the set and not the coins.

All content is the property of Prince’s Daily Journal LLC, any use of distribution without express written permission is strictly prohibited. Copyright (c) 2013 All Rights Reserved

Daily Newsfeed


A stream of foreign wealth is flowing to the Elite Real Estate of New York; The state of California warns against intentional measles exposures; Samsumg reveals potential for smart TVs to eavesdrop; HSBC could face U.S. legal action over Swiss accounts; Teach For America is struggling to recruit college students; and Grammy Award winner Beck still shows love for Kanye West, even after his diss. All this and more, please follow the links below.

Foreign Wealth buying up Elite Real Estate property

California warns against intentional measles exposures

Samsung reveals potential for smart TVs to eavesdrop

HSBC could face US legal action over Swiss accounts

Teach For America is struggling to recruit college students

Beck still loves Kanye after Grammy diss

ThrowBack Thursdays: Makeda Dread, CEO & Founder of the San Diego World Beat Center


Every Thursday, I post a miscellaneous article that I’ve written in the past or an interview of an extraordinary individual.

This week’s ThrowBack Thurdays: My Interview w/ Makeda Dread, CEO and Founder of the World Beat Center.

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Makeda Dread is one of a kind. She is both an iconic figure in the world of Reggae Music and an ambassador of World Culture to San Diego, Ca and Tijuana, B.C. In this interview I did not only learn about her special relationship that she had with the legendary Bob Marley but her determination on making a positive change in her hometown of San Diego where racism still lingered. Today she still creates this positive change to the lives of millions through her music, teachings, and vegetarian cuisine–All at an astonishing age of 71!

Thank you Makeda for being a positive mentor and influence both to me and the world; that has been touched by your wisdom and love. I am so glad to call you my Aunt.

To read her interview story, click on the link below.

Makeda’s Story and Her Legacy for Peace

And Don’t Forget that Next Monday (February 17) on President’s Day is Makeda’s Tribute to the Reggae Legends Concert–The Biggest Annual Concert in San Diego, CA! To get your tickets call 619-230-1190 or go to www.tributetothelegends.com

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Daily Newsfeed


Boston Marathon Bomber Dzhokhar Tsarnaev will face trial on Nov 3rd.; New York Yankees’ Derek Jeter to retire this baseball season; US Congress passes debt limit increase after Senate drama; At least 3000 people are without power in the Deep South; and Benghazi the movie will be coming to a theater near you. All this and more, please follow the links below.

Date finally set for Dzhokhar’s trial

Derek Jeter to retire this baseball season

US Congress passes debt limit ceiling after Senate drama

Another Ice storm hits Atlanta and people have no electricity

Benghazi the movie is coming soon

Weekly Political Report: Sen. Rand Paul’s Lawsuit Against The President


Every week I write a political issue that affects YOU and the WORLD AROUND YOU.

This week’s Weekly Political Report: Sen. Rand Paul’s Lawsuit against The President.

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Today, Sen. Rand Paul and others have made a monumental step towards filing a class action lawsuit against President Obama and his entanglement of violating the 4th amendment under the U.S. Constitution Bill of Rights.

“I am filing a lawsuit against President Barack Obama because he has publicly refused to stop a clear and continuing violation of the 4th Amendment. The Bill of Rights protects all citizens from general warrants. I expect the case to go all the way to the Supreme Court and I predict the American people will win.” –Sen. Rand Paul

And as such Rand Paul will not only ask the Supreme Court to declare the Patriot Act (permission of monitoring all phone calls) as unconstitutional, but requests that the government “purge” any telephone metadata, from its database, that has been collected from “every domestic or international phone call made or received by the Plaintiffs (Rand Paul and others) and class members” [class members as in every U.S. citizen that has a telephone].

For those of you who are not aware of the 4th Amendment. It’s an amendment found in the United States’ Constitution Bill of Rights that prohibits unreasonable “searches and seizures” and requires any warrant to be judicially sanctioned and supported by probable cause.  “Searches and seizures” means a procedure which police or other authorities and their agents (NSA)–who suspect of a crime committed–do a search of a person’s property and confiscate any relevant evidence to the crime

*This Amendment became adopted in response to the pre-Revolution era in America which the British Government at that time abused the “right of privacy” by conducting unreasonable searches in the homes of Colonial Americans.

In this case, one important detail that I want to remind everyone is the language in this lawsuit. Sen. Rand Paul is not suing President Barack Obama for violating the 4th Amendment, but for “refusing“to stop a clear and continuing violation of the 4th Amendment” which is the NSA.

To say that the President violated the 4th Amendment is to say that the President himself conducted millions of unwarranted searches on his own citizens. This is also a reason why the NSA and the President are separate entities in this issue of privacy violation–the NSA alone violated the 4th Amendment, and so it should be sued!

As scandalous as this sounds, it’s really a lawsuit that seeks to demonize the President and declare the Patriot Act —which was in fact signed and implemented by the former President George W. Bush— as unconstitutional in the Supreme Court (if it does goes that far). Not to mention that it will ask the NSA to destroy all of its telephone metadata that they have collected from Americans without proper warrants over the years.

I doubt that the President will step down from this or receive any punishment. However will the President receive some form of repercussions? Indeed he will. This is probably the first time that I’ve heard a President being sued for anything. Although the President has enacted reforms to respect the privacy rights of every individual in the world, having a civil lawsuit filed against you does not look good on a political resume.

Also, “to stop a continuing violation of the 4th Amendment” means to completely dismantle the NSA, which will be unlikely. Doing this may harm the public sector by cutting jobs (which could lead to another financial mess) and leaving us unprotected from potential terrorist attacks. You can’t treat this as a meat cleaver approach, so again serious reforms must be enacted!

One thing that I cannot predict is how the Supreme Court will rule in this case. From what I’ve learned the Supreme Court can only deem a law constitutional or unconstitutional. They cannot punish the people who enforce it.  

So how does this affect YOU and the WORLD AROUND YOU:

–Sen. Rand Paul has energized his Republican base and has proven to a formidable contender.

–More revelations and new information from the NSA will soon show as this lawsuit unfolds

DISCLAIMER: THIS IS MY OWN POLITICAL OPINION. FOR QUESTIONS OR COMMENTS PLEASE COMMENT ON THIS PAGE BELOW.

Edited May 7th 2014

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Saturday Book Read w/ Sharine Jones: Chapter 2 Mutual Addiction


Reflections of A Woman’s Indiscretions

This book is dedicated to my mother Elena, grandmothers Josephine & Evril,
& to all the Ladies in my life –
Strong women I have seen
Prevail no matter the circumstances or challenges.

20131102-145624.jpgPreviously…..

Chapter 2

Mutual Addiction

Over the next few weeks, our arguments and disagreements with each other would only get worse. And it was during this time that I did not care what he would do to me; because I would always find my way back to him. It did not matter if he had a new reason to blame me or fault me for anything; and it did not matter if he used excessive physical force to get his point across (using me as his punching bag whenever he felt like venting his anger)–I still wanted to be his girl! There were times that he would threaten to leave me and I would get down on my knees, crying to him–begging to him– to stay; and he did. And there were times that he would be just plain mean, cold, and distant towards me; but I took it. He was worth any exertion of hurtful emotions I felt; and he was worth any risk of Indiscretions I have made in the past. He was my drug.

I was addicted to him, to us, and he was too. We could have made our lives easier, by leaving each other alone, but we didn’t. Instead, we would go back and forth, arguing and fighting with each other. But as always, in the end, we would eventually talk and make up. It was a cycle; a pattern – a mutual addiction.

~*~

This pattern of addiction is the reason why I am sharing these memories with you. These memories are some that are still living vividly in my mind. These are the memories that have deprived me of my self-respect, and have humiliated me the most. November 2004 happened to be one of many Indiscretions of that pattern.

November 2004

Today is Saturday, the weekend of my beautiful daughter’s (Amy), 5th birthday. The kids were spending the weekend with their dad, Blu, while I was planning to pick them up early Sunday to celebrate her birthday with dinner and a movie. Saturday started out great, and Slimm and I were back together again. Today he surprised me with some money and told me to go out and get my hair and nails done; and I did just that. I first went to the spa for my mani and pedi, then I thought to myself, “since my hair is already bangin’ I’ll keep the rest for myself.” I remembered Blu crossed my mind that day, because this was something he rarely did for me–Blu was never attentive to my basic needs. So when I saw Slimm doing these little things for me, I was very appreciative of his generous gesture.

Once I got done, getting fancy for my man, I went out to see him; everything was perfect! [I can still remember listening to Marvin Gaye’s “Distant Lover,” playing on the radio, as I pulled up to meet him.] When I pulled up on the block, he had a wide grin on his face–he was in good spirits and I was truly elated. Crossing the street with his long strides, he walked towards me, stopped at my driver’s window, bent down, and kissed my lips–and boy did the back of my hair stand up; just one touch as NeYo would say. He was being so sweet today–and he complimented my mani and pedi.

Politely he handed me an additional $200 and said in his deep sultry voice, “Here baby, go get you an outfit.” I didn’t ask any questions. I gladly accepted the money and was happy to go spend it.

[For the record, I am by no means a “Gold Digger!” I love people genuinely for who they are – not for their money or material wealth. The way I see it, a man with money is a plus; not a necessity. My family, originally from Belize, came to the United States in their teens and worked hard to achieve success. That’s what I knew. After my parents separated, my mother was a single mom who worked her ass off to give us what she could–with the exception of child support from my dad. She didn’t take hand-outs, gifts, or the like from men. I also saw my dad work multiple jobs at once to provide a better life for him and his family. I was taught from birth that if you want something in life, make it happen for yourself. I wasn’t going to ride on anyone’s coattails or beg for shit–and I still haven’t. Slimm was by no means a baller, but he did get his hustle on. He always had money in his pockets, and I didn’t ask questions because it was none of my business. He had his money and I had mine, but when I needed extra cash he looked out for me – as he should, because he was my man. But he was also a gentleman. When we went out, he took care of everything–and he was always taking care of me. Whether it was filling up my gas tank; feeding me good food; buying an outfit here or there; or simply giving me extra cash for miscellaneous items, he looked out for me and I appreciated everything he did for me.]

So we kissed goodbye that day and agreed to meet up at the hotel room later that evening.

I went to the mall and set out my quest for some cute boots. Since shopping can easily consume one’s attention, I put my cell phone on vibrate and stuck it in my back pocket. With all the activity that goes on in a mall, I did not want to miss any calls–and I especially did not want to miss Slimm’s calls. I knew for sure that I would feel any vibrations from my phone. So if anyone was trying to reach me, I would feel it.

Time flew by and I was in my zone. After a couple hours of shopping, I realized that my phone hadn’t vibrated at all. So when I stopped and looked at my screen, I noticed that Slimm had chirped me over a dozen times! [FYI: “Chirp” was a Nextel cell phone-a walkie talkie–that was pretty big from 2003-06] I started freaking out–I knew that this could only mean trouble. I was so nervous because I knew that this situation was going to create more havoc in my life. A million thoughts rushed into my mind: “He is gonna think I was cheating with another man, when the truth was I didn’t feel my phone vibrating.” I shouldn’t have to remind him of how “girls shop”–that should be common sense, “Right?” Not to an insecure man I suppose. I could always reason with Slimm because I consider these circumstances: I had an affair with Slimm while I was married. It is fair for him to think that “if I could cheat on my husband, then I could cheat on him too” but Slimm knows that I have plenty of admirers and I can choose any suitor I wanted. Bottom line, I knew Slimm was violent, and I was not going to risk getting caught up with another man–It’s called self-preservation.

I immediately hit him back on the chirp; my heart was racing and my pulse was beating heavily. I waited for him to respond back and when he did I knew that it was on! He was angry and unreceptive,

“Where the fuck you been?!”

I tried to explain myself, but he rebuked me–he wouldn’t even try to listen to anything I was saying. Our conversation then ended, and fifteen minutes later I made it back to the hotel room. As I walked inside, seeing him sitting at the table with a mean muggin’ expression on his face, ALL HELL broke loose. Almost immediately I tried to explain the situation to him, but he ignored me. In an act of superiority, he rose from his chair; walked towards me; and stood over me. Every time I would speak, he made sure to talk over me.

“Baby I…I didn’t feel my phone -” was all I could ever say to him; before he started doubting my words.

“I don’t want to hear your fuckin’ lies. I don’t believe you!”  He shouted.

His spit was flying all over my face as he went off on my ass–that’s how close he was to me. Then without warning: BAM! He head-butted me again, but this time in my mouth–busting my lip on impact. Blood began dripping all over the place, but that didn’t stop him from continuing his rage. He threw me around the room; tore the clothes off my body; and choked me out. I fell to the floor and I felt my body go limp; breathing became difficult–he must have noticed because he took a break from his rampage. Assuming that he was trying to regain his energy for round two, which I was not up for, I took the opportunity to sprint to the bathroom and locked myself in.

I found a corner on the bathroom floor near the shower; I brought my knees up to my chest, burying my face; and I cried uncontrollably. My heart was beating rapidly as though it was going to explode inside my chest. Just to think that three hours earlier I was consumed in his happiness, but now at this moment I was frightened for my life. I tried to calm myself, wondering how I was ever going to get out of this room, nonetheless the bathroom, alive.

Stay Tuned Next Week To Read The Next Page Of Her Chilling New Book

 

Motivation Monday: Evolve the Art of Storytelling


It’s Monday, the beginning of a new week, and you need words of motivation to start your week off right.

This week’s words of motivation: Evolve the Art of Storytelling

In this 3 minute TED talk video, we see iPad storyteller and entrepreneur, Joe Sabia, give an inspirational talk on the history of storytelling; and how technology was able to advance it thanks to German author, Lothar Megendoffer. Sabia does not only do a phenomenal job of storytelling (detailing each part of his story with powerful visuals), but an excellent job in conveying his point across.

“The art of storytelling has remained unchanged. And for the most part the stories are recycled. But the way humans tell the stories has evolved with pure, and consistent novelty.”

–Joe Sabia

Stories are what keeps the world spinning. And I am so fortunate that I am able to use my writing, and my website, as a platform to share people’s stories across the world via the web. 

*I invite all of you to check out my “Interesting People” section and read the amazing stories that I have amassed since I first produced my website to the world! 

Thank you Megendoffer for giving me, and the world, the Megendofferitis: to make our stories come to life. If you hadn’t said “Genug ist Genug,” then our stories would have never reached the medium to where it is today.

So this week, evolve the art of storytelling–and catch the Megendofferitis. Instead of sharing your story face to face, grab a phone and video stream your story online and make your story come to life. Utilize social media to make your story (and/or your product’s story) come to life!

To follow Joe Sabia and his TED talks, go to: http://www.ted.com/speakers/joe_sabia.html   

You can also follow Joe on his personal website at http://www.joesabia.co/ or on Twitter (@joesabia)

Talk Tuesdays w/ Mike Brady, Founder and Producer of the Income Opportunity Expo


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Here is my interview with Founder & Producer of Boston Income Opportunity Expo, Mike Brady. Learn more about the producer of expos across the Northeastern Region, and get a first glimpse of what will be the greatest expo in Boston, Massachusetts. To read his interview story, click on the link below.

The Man Behind the Income Opportunity Expo