QUESTION 1

Richard and Spiro enter into a written contract under whichRichardwill sellSpirosome of his rare cassette tapes for $450. The contract contains a list of each cassette tape thatwill be includedinthe sale. The contract states that it contains the complete and final agreement reached byRichardandSpiro.

WhenSpiroreceives the cassette tapes, he's upset to find out thatRicharddid not include a specific Drunk Floyd album,Wish You Were Beer. He suesRichard,stating that even though the written contract does not mention that specific cassette tape,they had talked about it extensively during their negotiations, and it was supposed to be included in the deal.

Spirowants to submit their emails and other evidence of their negotiations to show thatRichardhas breached the contract. What is the likely outcome of theSpiro's attempt?

QUESTION 2

Evabuys manifolds and differentials from Naomi to sell at her auto parts store, though they don't have a written contract. Naomi makes deliveries each week, and the two have been operating under this oral arrangement for four years. Today, after unloading the crates, Naomi sticks her head in the door and asks Eva, "The usual for next week?" Eva nods her head yes.

1. Using the four elements of a contract - agreement (which consists of offer and acceptance), consideration, capacity, and legality -show why a contractis or is notpresent in this fact situation.

2.If there is a contract,isthis contract enforceable? Why orwhy not.