Contract Law

Sample Contracts Essay Question Spring 2001

At the wedding of Tom and Mary, Tom’s father, Frank, told them that he wanted to live with him and to care for him for the rest of his life. He said, “If you agree to do this, I will deliver to you, within two years, a deed to my home.” Tom and Mary told Frank they accepted his offer and promised to look after Frank with loving care in Frank’s home. They immediately moved in with him.

Soon after moving into Frank’s home, Tom and Mary used their own money to add a new wing to the house, pay the outstanding property taxes, and pay off an existing mortgage of $25,000.

One year after Tom and Mary moved into the home, Tom reminded Frank of his promise to convey the property to them. Frank became angry, and refused to execute the deed and ordered Tom and Mary to leave the premises.

Tom and Mary, your next door neighbors, know that you took a business law course and ask you the following questions.

Answer the following questions using the IRAC form. Please answer the questions completely by arguing both sides of the issues and applying the facts to the rule of law resulting in an appropriate and logical conclusion. Each question is considered independent, therefore, the answer to one does not affect the answer of another. Answer all three questions even if doing so results in three logically inconsistent answers.

1. Could Frank challenge the validity of the contract by asserting that he received no consideration?

2. Is the contract unenforceable by reason of the Statute of Frauds?

3. Assuming that Tom and Mary are not successful with respect to their breach of contract action against Frank, can they recover in quasi-contract?

Model Answer to Sample Contracts Essay Question

1. Did Frank make a valid offer to Tom and Mary?

Rule:

In order to have a valid offer, the offer must express the willingness of the offeror to enter into a contractual agreement regarding the...