There are various elements that should be present to prove a valid contract exists between Sam and the chain store. There are four elements of a contract and they consist of an offer and agreement, consideration, contractual capacity, legal subject matter, and no valid defenses (Kubasek, 2015). The first element agreement would be considered to exist if: the safety chain store (offerer) made an offer to Sam (offeree) with actual intent to be bound to an agreement, definite terms were agreed on, and if communication occurred between Sam and the chain store. The second element of consideration would be deemed to exist if the chain store discussed the type of payment Sam would have received for delivering 1,000 units of his new invention. Consideration, …show more content…
Such a contract may be verbal or in writing under a standard residential lease agreement. There are a few facts that may support Sam being in breach of his contract. One fact is that Sam did not retrieve a license to make and sell his inventions. All 50 states have statues that require certain professions to have licenses before they practice (Kubasek, 2015). Sam could also be in breach for violating covenant of quiet enjoyment, which is the promise the tenant has the right to quietly enjoy his surroundings (Kubasek, 2015). Since the noise from Sam’s barking device has bothered other tenants, he is interfering with their right to quiet enjoyment. Otherwise, this loud barking invention has become a nuisance for the other tenants. Some facts that may support that Sam is not in breach of his contract are mistake of fact, which “consists of unconscious ignorance of past or present material event or circumstances” (Kubasek, 2015). Sam believed Quinn understood he was starting a business remotely when Sam told Quinn he was working on his new inventions and Quinn wished him good luck. Due to this mistake of fact, Sam would not be breaching his
Identify the facts from the scenario which support your decision on whether or not a contract exists for the purchase of the automobile.
Several factors must be present to establish if a valid contract exists between Sam and the chain store. Thus, the “four elements of a contract are the agreement, the consideration, contractual capacity, and the legal object” (Kubasek, 2012, p. 304). The first element of the agreement would be deemed to
b. Make a contract for the transportation of the goods that is reasonable given the nature of the goods and other circumstances.
Issue: Need a contract in place in order to sell/market my energy drink. Rule, a contract is an agreement that can be enforced in court. In most states would follow the Uniform Commercial code Article 2 which dictates contractual terms for the sale of goods. All goods carry with them an implied warranty of merchant ability/ fitness unless disavowed. Products maybe returned within a “commercially reasonable period of time” That period of time is determined through trade usage, custom, course of dealing, and course of performance. In order for a contract to occur there are four requirements that must be met for rule agreement, consideration, contractual capacity, and legality. Analysis: because I want to avoid potential problems. Without a legal
A contract requires four elements to be valid. Essential elements in any contract include the following: agreement, consideration, legal ability, and a legal object (Kubasek, Browne, Herron, Dhooge, & Barkacs, 2016). The agreement includes the offer made to the other party who then agrees to enter into the contract. The consideration includes the exchange each party receives as a result of the contract. The legal ability is capacity one has to enter into a legal contract. The legal object is the legality of the contracted issue. These elements together create an effective, valid contract.
In regards to the issue between Mr. Stevens and the chain store, various elements must be present to prove that a valid contract exists. The four elements to a contract are: agreement between the parties, consideration, contractual capacity, and finally, legal object (Kubasek, Browne, Giampetro-Meyer, Barkacs, Herron, Williamson, & Dhooge, 2011).
The manager at the national chain store has sent a demand letter to Sam for the 1,000 units that he verbally promised. Therefore, an evaluation of the agreement, the consideration, the contractual capacity, and the legal object will be made to determine whether a valid contract exists.
Young has just fired Kathy who was her agent. Young places an ad in the classified section of the various local newspapers stating that, "Kathy no longer works for or represents Young in any way". Young would place this ad
They went ahead to confirm their verbal agreement by paying an amount that partly makes them show desire to purchase the automobile. In return, with mutual understanding the salesman keeps the car and calls them to confirm if the purchase would be completed. A contract that is legally binding does exist here. There are factors in this scenarios that show a legally binding agreement is in existence.
I have being living in Montroogermy Alabama for over six months now.I recentlt met the defendent at a local church I have been attending. The defendent has a family owned produce business an approached me about possibly supplying me with new products. He offered me samples of Muscadine grapes. He offered me these grapes or to purchase samples of products with these seeds. The samples I was provided became very popular with my customers. I began to regular orders with the defendents company. As these products becane popular I also began to invest heavily in the advetisement of these products. Due to the ongoing business relationship and after reviewing my investment costs I decided to write a requirements contract. I provided this contract to the to the defendent to safe guard my investments. This contract was clear and concise.This contract guaranteed a price schedule consistent with what I have always paid the defendent for these Muscadine grape products. The contract was presented to the owners son who I assumed was a fair representative of the company. I informed the son that this contract needed to be signed to guareente a continuing business realtionship that implies duty of good faith and fair dealing . The defendent has informed me of a offer from a company in Texas that offered to pay twice the rate for these products with the conditon of a output contract as apart of the deal(case study). Due to a skyrocketing demand for these Muscadine products and this
Question 4. 4. (TCO 4) Sandy mails a letter back to Andrea that she has signed; the letter makes reference to a car Andrea has for sale and Andrea’s desired price. When Andrea later delivers the car to Sandy, Sandy returns the car, claiming she does not want the car and that they did not have a contract, so she is not bound to keep the car. Andrea, however, claims they do have a contract and wants to enforce said contract for the price of the car. What standard would the court use to determine whether there is a contract between the parties for the sale of the car? (Points : 25)
As you know our Michael Foods contract is scheduled to start 8/1/2015. The Michael Foods liquid eggs are an open coded item at Sysco, meaning, it is extremely difficult for Sysco to ensure our volume is allocated to only La Madeleine locations. It is very possible that other Sysco customers could be sent the liquid eggs that are allocated for LMI. Although there seems to be no way to avoid this possibility (per Sysco), we can play the odds in our favor. Sysco receives their deliveries in the beginning of the week; therefore, we are recommending that we instruct all cafes to order all of their liquid eggs weekly need on their first weekly Sysco delivery. Ordering all liquid egg needs at the beginning of the week will greatly decrease the
The third element of a contract, which is contractual capacity would be deemed to exist if both Sam and the chain store had initially established a contract and both parties understanding its terms and their individual obligations agree. Seeing as the chain store failed to provide a concrete, physical contract Sam’s contractual capacity regarding the case was alarmingly minimal. Sam is mentally capable of complying with any contractual terms stated, unfortunately there were no terms established nor a contract brought forth so his rights and obligations regarding the situation are unclear. If a contract with Sam and the chain store was established then it would be appropriate to assume that both parties were legally capable of understanding
for it to qualify as a proper contract in the eyes of the law: offer
ANSWERS TO QUESTION 1 OF CONTRACTS EXAM Exam 5003 – AThe letter sent by B was an offer. An offer may be defined as a communication, having sufficient definiteness to eliminate the need for further negotiation, and creating the impression of manifest intent to enter into a K. An offer may be made to the general public, as in a mass mailing or advertisement, or to an individual. The letter was sufficiently definite. It provided the description of the product, a price, and a quantity. The quantity, while not particular, first created the impression of a great many pieces available. Second, it operated as an offer for a requirement K by UCC 2306. Such a requirement K need not be explicit in the quantity; it is