Contracts Essay 1

Contracts Essay One – Module 8

Does Peter have an enforceable contract against Don?

Enforceable contract Peter v. Don. Peter will have an enforceable contract with Don if he can show that all the required elements of a contract are present. If there is a contract between the two then it will be governed by the common law requirements of an enforceable contract instead of the Uniformed Commercial Code, which would be used if their agreement had involved the sale of goods. In order for a contract to be formed between Peter and Don the two must react mutual consent Mutual consent can generally be formed through the form of an (A) offer and (B) acceptance. An additional requirement for both parties to show (C) consideration is also required for there to be an enforceable contract.

A. Offer. An offer is the manifestation of a willingness to enter into a bargain, so made as to justify another person in understanding that his assent to that bargain is invited and will conclude it. If Peter can show that Don promised him something in exchange for his promise to do or not do something then a valid offer would be established.

1. First Possible Offer. The first potential action that could be reviewed, as a potential offer is Don’s advertisement in the newspaper of “Nursing home care provided $500 per week. Call 222-1234 for more details." Ads are generally not held to be offers unless they are very specific as to the quantity and number of offerees that can respond and reasonably assume they had the power to accept. Dons ad did not contain either of those terms so it would be unreasonable for Peter to assume that he had the power to interpret the ad as an offer.

2. Second Possible Offer. Upon meeting Don and inspecting the facility Peters question to Don, "This looks like a perfect place for my Father and your price is very reasonable. Would you be willing to allow him to move in and become a resident here?" could be considered a possible offer. This statement...