Criminal Law Essay

Contracts Essay

The Uniform Commercial Code (UCC) governs all contracts for moveable tangible goods identified at the time of the contract. The common law of contracts governs all other contracts, generally services, real property, and intangibles.

Here the applicable law is for services, as Peter was looking to find a facility (nursing home operated by Don) that would care for his 90 year old father who had dementia and need regular consistent care that Peter could no longer provide him.

Therefore the common law applies.

An enforceable contract is formed when there is mutual assent (offer and acceptance), consideration, and no defenses to contract formation.

A manifestation of present contractual intent as judged by a reasonable person, communicated to an identified offeree, with definite and certain terms.

Here we see that whenever Don had an opening, he would place an advertisement in the "Daily News", a local newspaper that read as follows: "Nursing home care provided. $500 per week. Call 222-1234 for more details."

Advertisements are not offers rather an invitation to negotiate as there are no clear, definite and explicit manifestation of intent. There was never a guarantee or promise of services, only that the facility could provide nursing home care for the rate of $500 per week.

This was not an offer.

But after Peter phoned Don, they met at the facility for a tour. Peter relayed to Don that the facility was perfect for his father and wanted him there but needed to confer with his sister as the decision would affect her too. Peter said he would get back to Don in one day’s time. Don said Peter’s father was welcome and that there would probably be more openings as a few other patients had passed away, and to just bring his father in in the next two weeks.

Acceptance is the unequivocal assent to the terms and conditions of the offer communicated to the offeror by the identified offeree in an authorized manner.

This was an offer but not an...