Question: FRAMEWORK FOR ANSWERING CONTRACT QUESTIONS Myra owns a house, which she advertises for sale for $200,000. On May 1, 2018, Nicole offers Myra$180,000 for the
FRAMEWORK FOR ANSWERING CONTRACT QUESTIONS
Myra owns a house, which she advertises for sale for $200,000. On May 1, 2018, Nicole offers Myra$180,000 for the house. On May 5, 2018, Myra delivers to Nicole a form that includes additional termsbut does not state a price. At 9 am on May 6, 2018, Nicole signs the form and gives it to Odell, heradministrative assistant, with instructions to mail it. At 10 am, Myra calls to tell Nicole that the deal isoff. The next day, Odell mails the signed form to Myra. When Myra refuses to sell the house, Nicolefiles a suit against her, alleging breach of contract. Myra claims that there was no contract.Is there a contract?
- What are the elements (law) of a valid contract. Please define each element.
- Element 1: Valid Agreement. A valid agreement must have a valid offer and a valid acceptance.
a. Valid Offer - The terms are definite and certain. We prove the definiteness and certainty with QTIPs. QTIPS are quantity, time for performance, price, identity of the subject, description.
b. Valid acceptance - This will depend upon the type of contract being created.If the contract is a unilateral contract then the acceptance must be in the form of conduct. If the contract is a bilateral contract, then the acceptance must be in the form of a promise.
- Element 2:Consideration. The thing of value being exchanged for the product or service.
- Element 3: Capacity. Capacity has 18 years or older and they have to appreciate the consequences of their actions.
- Element 4: Legality. The purpose of the contract cannot be illegal. It cannot violate the law.
- Element 1: Valid Agreement. A valid agreement must have a valid offer and a valid acceptance.
- Apply the facts to your definitions. Are all of the elements present in the scenario provided?
a. Valid Offer - The terms are definite and certain. We prove the definiteness and certainty with QTIPs. QTIPS are quantity, time for performance, price, identity of the subject, description.
FACTS:
b. Valid acceptance - This will depend upon the type of contract being created.If the contract is a unilateral contract then the acceptance must be in the form of conduct. If the contract is a bilateral contract, then the acceptance must be in the form of a promise.
FACTS:
- Element 2:Consideration. The thing of value being exchanged for the product or service.
FACTS:
- Element 3: Capacity. Capacity has 18 years or older and they have to appreciate the consequences of their actions.
FACTS:
- Element 4: Legality. The purpose of the contract cannot be illegal. It cannot violate the law.
FACTS:
- What is your conclusion? Is there a valid contract that is enforceable in a court of law?
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