Anita agrees to sell, and Bob agrees to purchase her home on Elm Street, for $100,000. The
Question:
Anita agrees to sell, and Bob agrees to purchase her home on Elm Street, for $100,000. The contract is in writing and contains detailed provisions for payment, risk of loss until delivery, restrictions on permissible us of the property. Prior to signing the contract, Anita, in order to induce Bob's agreement, orally promises him, in the presence of witnesses, that if Bob will sign, Anita will remove an unsightly shack on Anita's property around the corner from Elm Street. Bob signs the contract. Is the oral contract valid and enforceable in court? Remember, that oral and written contracts have the same requirements for validity. There is no difference in the formation. One is oral and one is written. This is how you should approach this question: Please use this Framework to answer resolve the oral and written contract.
1- Discuss the facts that show that there is a valid offer in the scenario above.
2-Discuss the facts that show that there is a valid acceptance.
3- Would the scenario above be a bilateral contract or a unilateral contract? and why ?
4-what are the facts that prove there is a consideration.
5- discuss the facts that prove there is capacity.
6- discuss the facts that prove that the contract is legal.
7- what is the conclusion to this written contract?
8- Is there a oral contract? using the same scenario as about state the facts that prove that there is a valid offer, valid acceptance, consideration, capacity, and the legality to a oral contract and what the conclusion is.
Smith and Roberson Business Law
ISBN: 978-0538473637
15th Edition
Authors: Richard A. Mann, Barry S. Roberts