Instructions: Answer each question completly. Identify the legal issue Give a co
ID: 461842 • Letter: I
Question
Instructions:
Answer each question completly.
Identify the legal issue
Give a complete legal analysis identifying the applicable law and the reasoning.
Conclusion: Describe what you believe would be the legal result.
1)Bob says to James: “I promise to pay you $25.00 if you will mow my lawn.” James does not answer, but immediately begins to mow and soon has completed 90% of the job. Then, Bob says “thanks sucker! I revoke the offer.” James finishes the job. Can James recover against Bob on a theory of breach of contract? Why or why not? What other alternative theory might James be able to argue?ISSUE:ANALYSIS:CONCLUSION:
2)Larson Lexus, a new car dealer, runs the following newspaper ad during the fall of 2005. “Three 2004 Lexus LS 400s must go! $55,000 each! The first three customers who arrive at our dealership on Saturday, October 8th with this ad can buy one of these cars for $55,000.” Knowing that this is a great price for this car, Mike is the first customer to appear at the Larson lot on Saturday, October 8th. He hands the ad to the Larson salesman and says that he’d like to buy one of the LS-400s for $55,000. Is the dealership contractually bound to sell Mike the car at that price? Define the legal issue and make an argument that there was a contract and make an argument that there was not a contract.ISSUE:ANALYSIS:CONCLUSION:
3)Bill offers to sell to Sally 1000 boxes of nails, but they both forget to state a delivery date for the nails. The date is something that can be easily determined based on their past dealings with each other. All other material terms of the contract are present. Sally accepts the offer, but later wants to back out of the deal, arguing that the offer was indefinite since there was no delivery date. Is there a contract here? Why or why not. What law applies? Explain your decision in legal terms.ISSUE:ANALYSIS:CONCLUSION:
Instructions:
Answer each question completly.
Identify the legal issue
Give a complete legal analysis identifying the applicable law and the reasoning.
Conclusion: Describe what you believe would be the legal result.
Explanation / Answer
According to Chegg's rules, these are seperate Questions. I'll answer the first full question.
Q1)
Every contract is an agreement, however, every agreement is not a contract. The essential idea in an agreement is the legal relationship must be established between the parties. This can happen only when the parties communicate with each other and with a view to create a right in one party and a corresponding duty on the other party. This is generally done by one party making an offer or proposal to the other party. If this offer is accepted, it gives rise to a promise.
An agreement consists of the following four elements:
1.There must be at least two parties
2.There must be an identity of mind
3.There must be mutual communication
4.There must be an intention to create a legal relationship
For an agreement to be a contract, it is essential that the agreement is enforceable by law. An agreement must satisfy the following conditions to be called a contract:
1.It must have been made by free consent of the parties
2.Consideration and object of agreement must be lawful
3.The parties must be competent to contract
4.The agreement must not be such as is expressly declared to be void
5.If specifically required, the agreement must be in writing, otherwise, oral agreement is as good as a written agreement
So, in our case, we can see that there was an offer but it was not formally accepted by james. Therefore, he cannot claim his promised amount according to me.
However, there can be an alternative claim by James. Since we know that acceptance need not be verbal, he can claim that the fact that he started mowing the lawn was acceptance of offer and therefore it was a valid contract. It is now upto the courts to take a call as this judgement requires discretion