The Case Between Ccp Management, Inc.

983 Words Aug 5th, 2015 4 Pages
In looking at the case between CCP Management, Inc. and Andrew Hoganmuller the logical place to start is looking at a few terms, then considering the material facts and issues, next exploring what case law has found in the past, and finally determining the outcome of the dispute.
Here are some terms we must consider in this case:
• A contract involves a promise in return for reasonable consideration. Adequate consideration is a benefit or detriment, which a party receives which reasonably and fairly induces them to make the promise/contract. State statutory, common law, and private laws govern all contracts. Private law may supersede many of the rules otherwise established by state law. Statutory law often requires some contracts to be in writing and executed with particular formalities (Contract, n.d.).
• Refraining or promising to perform or not perform some in exchange for something else. An offer must be stated and delivered in a way that would lead a reasonable person to expect a binding contract to arise from its acceptance (Offer, n.d.).
• Acceptance either can be quantified or inferred by the offeree’s conduct; however, judgment must be objective. Forming a binding contract, requires relaying acceptance in a manner authorized, requested, or at least reasonably expected by the offeror (Acceptance, n.d.).
• A breach of contract occurs when one or more parties are not performing according to contract; refusing or failing to fulfill an obligation imposed by a…
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