doublegunshop.com - home Forums General Discussion DoubleGun BBS @ doublegunshop.com When is a sale consummated?

Ok...let me try....I have never been before a judge on a sale of goods transaction...so, maybe some other members can chime in...I know Al Linden here is a tort lawyer . I was the General counsel of the John Hancock mutual funds and involved in several mergers and acquisions....I was also the guy the company came to on contract matters....to help you ..consummation has nothing to do with it.....the issue is , was there a legitimate contract?....there was an old rule called the " mail box" rule, but that had to do with offer and acceptance to creat a contract...if I remember correctly....if you have a contract then you have a contract. Whether the check is cashed, not sent, sitting in a post office , has no basis for a legal position to enforce your rights. Each situation is different. Impossibility of performance, an act of God.etc..will go to the computation of Damages....in some instances it can go to the basis as to whether a contract exists or not....like a contract against public policy...these types are not enforceable . But I digress..Consummation as you say...the end point has no basis as to the ultimate rights of the parties. So , in a nut shell, if there is a contract...and a breach , you can sue for specific performance...and if that is not a remedy...then damages. You are focusing too much on this consummation thing.....do you see?....hopefully some others can opine....so in your example, the check given to Fedex, has nothing to do with whether there is a contract or not, but can go to the argument that the guy did what he could to conform his conduct as the contract required...payment, consideration.....but remember consideration , a vital part of any contract , can also be a promise for a promise.....focus on the creation of the contract....that is the key. This probably is not helpful for you...finally, in answer to your specific question , there can be state statues that may effect your situation that I can not answer. There is a presumption that all contracts are created in Good Faith.....this is key before any judge. Lack of Good faith is the death knell to any attempt to enforce your rights......I can go on and on...but it will not help you. I have no idea what any judge would do...all I know is what I would argue before that judge.