Sam Cheeseman Case

866 Words4 Pages
The contract is a legally-enforceable promise or a set of promises. The four elements of the contract are 1) the agreement, 2) the consideration, 3) contractual capability, and 4) lawful object (Cheeseman, 2015, p. 188). These elements are required to exist for a contract between Sam and the chain store to be valid. The first element of the contract is the agreement which is a combination of the offer and an acceptance which both need to exist. The agreement between Sam and the chain store exists because Sam had verbally agreed to send 1,000 units to the chain store, as per conversation with the store manager. The second element of the valid contract is the consideration which could exist if both parties, Sam and the chain store, had agreed…show more content…
The equitable doctrine of implied-in-law contract, a quasi-contract, would have allowed the court to award monetary damages to a plaintiff for providing work or services to a defendant even though no actual contract existed between the parties (Cheeseman, 2015, p. 195). This would apply to the situation in which Sam received some form of payment for his units before he shipped the units to the store. In this case, Sam would have been under the legal obligation to send the units to the chain store. Promissory estoppel (or detrimental reliance) is an equity doctrine that permits a court to order enforcement of a contract that lacks consideration (Cheeseman, 2015, p. 220). Promissory estoppel is used to avoid injustice. The elements of the promissory estoppel include the promisor making a promise, the promiseé replying to the promise, the promiseé taking action on the promise, and experiencing injustice when the promise was not enforced. The promissory estoppel in this case is invalid because there was no discussion about the compensation in return for the 1,000 units, no action based on the promise, and no injustice suffered as a result of fulfilling a

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