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When can an offer be withdrawn? - ANSWERBefore the acceptance of the offeree. FIRAC stands for - ANSWERFacts, Issues, Rules, Analysis, Conclusion What are "the facts"? - ANSWERWho sues whom. Why? What happened? Procedural posture. Tell the story. Procedural Posture - ANSWERHow did the case get from the trial courts to the court writing the opinion. (trial court > appellate court) What four things need to be covered when stating procedural posture? - ANSWER1) What court is issuing the opinion?
- Which party is seeking relief?
- What sort of motion is at issue?
- What was the disposition of the lower courts? "Issue" means what? - ANSWERIssue is referring to the I in FIRAC. This term is suppose to make you state what is being fought over and decided by the court. "Rules" means what? - ANSWERRules is referring to the R in FIRAC. This refers to guide the courts decision as a matter of fact. This often involves previous cases and statutes. "Application / Analysis" means what? - ANSWERApplication / Analysis refers to the courts reasoning and how the decision is made. What four things must be included in the application / analysis? - ANSWER1) What argument does the plaintiff make.
- What argument does the defendant make.
- How did the court respond to those arguments?
- Why did the court rule the way it did? " What is an offerer? - ANSWERPerson who makes the offer and now has the power to control the offer. In the context of contract law, which of the following scenarios is an example of an illusory promise?
- ANSWERPhyllis promises to bake cookies for the office party, but only if she feels like it on the day of the event. No, one cannot promise to "give up" something that he/she does not have the legal right to do and it be consideration for a legally binding contract. - ANSWERIs a contract formed if the promisee offers the promisor $ in the exchange for the promisee withholding to engage in behavior that is not his legal right to do. (I will give you $100, if you refrain from stealing from your mom.) Yes, because the company is paying a bargained-for, valuable amount to rent the office space. - ANSWERA company is negotiating a contract to lease an office space in a prestigious downtown building. The standard market rate for similar office spaces in the area is $5,000 per month. However, due to a long-standing business relationship, the company secured the lease for only $3,000 per month. The previous year, the company had leased the same office space for $2,500 per month. Does adequate consideration support the contract for the office space lease? No, it is an invitation because no performance is promised in return for something requested. - ANSWERYou place an ad in the Newspaper as follows: "For sale, one-acre plot off County Road 7, $5,000 minimum bid." Would this advertisement be considered an offer? No, because this is a gratuitous promise - ANSWERAaron is at dinner with his friends. They order five drinks and are a little intoxicated. While they were joking around, Aaron's friends promise to buy him new shoes if he gets all As this semester. They shake on the offer. Aaron works really hard in the semester and gets all As. When he sees his friends again, he demands that they buy him new shoes. The friends refuse. If Aaron sues his friends, is he likely to win? No, because the man did not know of the reward offer at the time he returned the wallet. - ANSWERWhen a woman's wallet went missing, she posted a missing flier on Facebook. The flier
our lot that we have been using as a demonstrator." Betsy thanked her father and paid him the $3,000. Both Rollem and Betsy knew, the demonstrator was reasonably worth $10,000. After Betsy had paid the $3,000, but before the car had been delivered to her, one of Rollem's sales staff sold and delivered the same car to a customer for $10,000. Neither the salesperson nor the customer was aware of the transaction between Rollem and Betsy. Conclusion" means what? - ANSWERThe outcome of the courts ruling. Includes damages. What should you reformulate in the conclusion? - ANSWERYou should reformulate the issue by answering it in the conclusion. What is a contract? - ANSWERAgreement between parties, creating mutual obligations that are enforceable by law. What three things must a contract have? - ANSWER1) Offer
- Consideration
- Acceptance Bilateral Contract - ANSWERSeeks acceptance by return promise. Unilateral Contract - ANSWERSeeks acceptance by a return performance. Illusory Promise - ANSWERA promise that is unenforceable due to indefiniteness or lack of mutuality, where only one side is bound to perform. Joe asked Harry for a ride to the airport. Harry agreed and was happy to help his friend. Joe said he would treat Harry to coffee next week as a thank-you for the ride. That next week Joe called Harry and told him that he was too tired from traveling and wouldn't treat him to a coffee after all. What would a court likely decide? - ANSWERJoe and Harry did not have a valid contract since consideration is based on a past event Offer - ANSWERA proposal made by one party that he/she is willing to enter a contract. Acceptance - ANSWERUnqualified agreement by the offeree to be bound by the offer is known as
Which is a falce statement about a unilateral offer? - ANSWERAn offer that cannot be withdrawn. What is an offeree? - ANSWERPerson to whom the offer is made and whom now has the power of acceptance. Does Betsy, after rejecting a tendered return of the $3,000 by Rollem, have an action against him for breach of contract? No - ANSWERPaula Prospecter, who is a destitute claimant to an Alaskan gold mine, promises to pay Fran Financier $10,000 if Paula succeeds in reclaiming her mine, in return for Fran Financier's payment of $50 to help Paula to go to Alaska and try. Is there consideration here? No. There is no valid offer here due to lack of clear definitive terms, such as how much a fair share of the profits represents. Therefore, there is no clear consideration. - ANSWERCompare to Feinberg the following example of different types of promises: (a) "If you agree to continue working for me, I'll give you a fair share of the profits at the end of the year." Is there consideration in this case? Yes. There are clear definitive terms in this promise, therefore considering exists due to a bargained- for-exchange agreement. If the employee voluntarily retires, he/she expects to receive $200 for life. - ANSWERCompare to Feinberg the following example of different types of promises: (a) "If you will voluntarily retire, I will give you a pension of $200 per month for life." Is there consideration in this case? There must be agreement on essential factors necessary to establish a contract between the parties.
- ANSWERwhich of the following elements is not required in order for the doctrine of promissory estoppel to apply? Invitations to Negotiate - ANSWERAllen's, a furniture store, advertises Belissimo Italian leather sofas (red, black, brown, or beige) for sale at $799. Offers or Invitations to Negotiate? Offer - ANSWERSame as before, but in addition, circular contains the words "Out they go Saturday; First Come First Served".
Offer - ANSWERCollector of classic novels advertises that she will pay $5 for every copy of a Jane Austen book that may be sent to her. Offer or Invitation to Negotiate? Offer - ANSWERThe following appeared in the Gazette, "$1000 reward will be paid by Pill Co. to anyone who continues to suffer from back pain after using our pills according to the directions. $10,000 is deposited with Big Bank to show our sincerity." Offer or Invitation to Negotiate? No Acceptance - ANSWERShazza offers her services as a journalist, but states "if Jones Publishing desires to accept this offer, the acceptance must bear the signatures of all members of the Executive Publishing Board." Jones Publishing sends its acceptance signed by only the Board Chairman. No Acceptance - ANSWERFrank Abbott, a senior partner in the law firm of Abbott and Abbott, provides a letter of employment and hands it to Darcy. The letter states that "This contract is not binding until accepted by signature of the managing partner of Abbott and Abbott. " Darcy signs the letter and hands it back to Frank Abbott, who also signs. Acceptance - ANSWERGeorge's Restaurant is in need of repairs after a brawl broke out between Cleaver and Darcy and offers the work to London Construction, stating "This offer may be accepted by return mail." Pamela, the owner of London Construction immediately takes the acceptance over to George's Restaurant personally. No, because the consideration was adequate, and there was consensus ad idem. - ANSWERA baseball card collector found a stamp in a box of old baseball cards he purchased at a garage sale. Not knowing anything about stamps, he listed it for $5 on Craigslist, describing it as "a typical airline stamp." A casual stamp collector saw the ad and purchased the stamp, not knowing in fact that it was a rare inverted airplane stamp, worth more than $2.5 million. After the true value of the stamp was discovered and extensive news coverage, the seller filed a lawsuit seeking damages of either $2,499,995, or the return of the stamp. Should the seller prevail? Consensus ad idem - ANSWERLatin phrase signifying a "meeting of the minds", which is a legal concept describing agreement between parties as to the exact meaning of the terms of a contract. Thus form a valid contract, all parties must have the same understanding of the contract being formed.
There is a contract for the Mazda because it was the car in the driveway. - ANSWERArnie, thinking of his Buick, agrees to sell "the car in my driveway" to Bill for $400. Bill, thinking of Arnie's Mazda, agrees. It turns out the Mazda was in the driveway. Is there a contract? For which car?
