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need help!
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Anonymous
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2006.02.21 23:03
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i would apreciate some suggestions for the following problem.
i'm gonna try to make this short:
A tells B to go to another city and buy a stamp collection.
before B arrives in this city, A dies.
B doesn't know and buys the stamps in A's name. the contract says that the stamps will be delivered and paid in one week.
C the only heir of A wants these stamps after one week.
So? what do you think? can C get the stamps? is the contract ok? I mean, A was dead at the time B made the contract with the stamp seller.
Thank you very much for any help or suggestions,
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1. laurix
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2006.02.22 22:39
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A was dead, but B didn't know that when he was buying stamps, so B was
fair at that moment, this means that the contract is valid.
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2. Anonymous  1. laurix
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2006.02.23 00:12
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bet tai ar asmuo C, kaip vienintelis paveldetojas gaus visus tuos stamps?
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3. laurix 2. Anonymous
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2006.02.24 17:29
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kodel turetu negaut? juk jei a butu gyvas, a juos gautu, na o c a
paveldetojas, todel gaus. Kita karta nesugalvoj cia tokiu klausimu
uzdavinet, yra civiline teise tam
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4. LordDenning
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2006.04.13 13:57
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If the contract is valid C might be entitled to either damages for breach of contract or the stamps themselves (the crucial question is when the property in stamps passes to the buyer under the contract)
does the Lithuanian law apply to the contract?
regards
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5. vp
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2006.04.13 15:33
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Why r u askig all these questions in English if u can do it your native language.
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6. caroliuz
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2006.04.18 17:23
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well, it is obviously mistake, mistake as to the fact, because both parties didn't know about A's death at the time the contract was concluded. Contract may be discharged on the grounds of mistake as to the fact, depending on how reasonable would it be and how fundamental the fact that A was dead was in terms of the contract. by the way I like your nickname, lord denning:) one of the most controversial judges in the UK ever:)
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