Contracts Essay One

1282 Words Sep 2nd, 2013 6 Pages
Contracts Essay One – Module 8

Does Peter have an enforceable contract against Don?

Enforceable contract Peter v. Don. Peter will have an enforceable contract with Don if he can show that all the required elements of a contract are present. If there is a contract between the two then it will be governed by the common law requirements of an enforceable contract instead of the Uniformed Commercial Code, which would be used if their agreement had involved the sale of goods. In order for a contract to be formed between Peter and Don the two must react mutual consent Mutual consent can generally be formed through the form of an (A) offer and (B) acceptance. An additional requirement for both parties to show (C) consideration is also
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Dons response of "Of course, we have an opening right now and we have experience with the problems your father is experiencing." Is viewed as an invitation for an offer because it lacks the essential terms of an offer, which require promissory language showing intent to be bound to a contract.

3. Third Possible Offer. Peters response to Don of "OK, that sounds great. I just need to inform my sister first before I can act on this. This decision affects her too. Can I let you know for sure tomorrow?" does not contain the required promissory language required to show intent to form a contract. He is simply relaying that he is taking Dons invitation for an offer under consideration and must communicate with his sister prior to a decision being made.
4. Fourth Possible Offer. Dons response of "You can let me know anytime over the next two weeks. Unfortunately, a few of our residents have passed on so we have several openings right now. Just bring your father in after you've talked with your sister." to Peters request to get back with him the next day could be viewed as an offer by Peter. The communication between the two parties have ended with Don expressing his intent to be bound to a contract by giving Peter a timeframe for which to accept the terms of the contract which had been discussed throughout the conversation. Peter could reasonably expect to have the

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