Business Law Week 1 Assignments

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Date Submitted: 11/25/2012 03:02 PM

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Case 9.4

The oral modification of this contract is not an executed contract. It is an executor contract because the contract has not been fully preformed by both sides. The law states that a written contract can only be amended by an oral contract that is executed. Since the oral contract in this case is not executed the oral modification of the agreement is not enforceable.

However, Vrarich did not act ethically in her defense. Even though the oral contract is not enforceable it was unfair for Vrarich to not follow through with the agreement. It is clear that Vrarich had intended at the time of the agreement to execute the oral contract, as she did increase Winkle’s salary as promised.

Case 10.7

Andrus wins. Durick made an offer for a $48,000 insurance policy. Andrus did not accept this offer and made a counter offer, and also stated his intent to find a new insurance company is Durick could not meet his counter offer.

Durick’s response of extending the same offer that Andrus had already declined cannot be accepted by silence even though Durick said silence would indicate acceptance. This is not enforceable because it is obvious that Andrus would not agree to this offer as he has already declined the exact same offer previously. By not paying the premium Andrus is enforcing that the offer it not accepted.

Case 11.4

Gough cannot recover the money for the re-erecting of the fallen trusses. The agreement to pay the additional money is not enforceable because it lacks consideration. Gough was already under an obligation to erect the trusses. A promise lacks consideration if a person promises to perform an existing duty.

Case 13.1

The estate made a unilateral mistake about a material fact relating to the contract. The general rule is that the mistaken party cannot rescind the contract; however there are a few exceptions. This case does not meet any of those exceptions.

The estate cannot rescind the contract. The estate must follow through with the terms...