Answer the following questions. Be sure to support your answers by citing the applicable legal theory. There may be more than one correct answer depending on your analysis. Make a legal argument, not an emotional one. No judge wants his/her decision overturned on appeal. The responses are graded and worth up to 5 points each. 1. Your spouse promises to quit nagging you. In exchange you promise to quit smoking. Is this a contract? Who is the offeror and who is the offeree? Is this a Bilateral or unilateral contract? 2. Your neighbor has his boat advertised for sale on Craig?s list. The ad doesn?t list a price. You offer your neighbor $500.00 for his boat and he accepts. Do you have a contract? Who is the offeror and who is the offeree? Is this a bilateral or unilateral contract? 3. Before you bring him the money he gets an offer of $600.00 and sells it to someone else. Can he do that? What if he already moved the boat into your driveway?can he take it back? What if he just signed off the title and gave it to you but kept the boat just in case you didn?t bring him the money?can he demand the title back and still back out of the deal? 4. Your spouse won?t quit nagging you about your smoking so you call Crazy Artie, your mob hit-man friend, and offer him a dollar to ?take care of the problem.? Do you have a contract? Explain why or why not. 5. You get a CD in the mail from an internet company offering you 1000 hours or 45 days of free use. You didn?t pay attention in your business law class so you didn?t read the fine print and forgot to tell them you didn?t want the service after the free trial period ended. You realize this when you get a bill for the service the next month. Do you have to pay it? Explain why or why not. 6. At my garage sale I agree to sell you my entire old record collection for the price you offered and you give me $50.00 to hold it until you get back with the rest of the money. In the meantime a record collector stops by and tells me that some of my records are worth millions of dollars. Realizing that I might be sitting on a gold mine, when you return with the money, I tell you what I have learned and that I will no longer sell it to you. Can I do that? What can you do to enforce the agreement? 7. I sign a work order authorizing an auto repair shop to repair my car. They start the work but before they finish I realize that I can?t pay for it and order them to stop. They go ahead and finish the job. Do I have to pay them for all the work or just the work they did before I told them to stop? Why or why not. 8. We are out drinking in a bar when I promise to pay you $5,000.00 if you?ll run out into the street naked. Having no inhibitions at this point in the evening, you do it. Is this a bilateral or unilateral contract? Do I owe you $5,000.00? What defenses do I have to your claim? 9. I have to bail you out of jail when you get arrested for running down the street naked. I pay a bonding company to issue a bond to the court. Is the bond a formal or informal contract? Since you?re so good at running, you jump bail and don?t show up in court. I lose my deposit for the bond and the bonding company loses the $10,000. for the bond. Can I assign the collection of my deposit to them to collect if they catch up with you? Explain why or why not? 10. On May 1st Tom emails Mary and offers her a job paying $50,000.00 per year. She has 10 days to accept. Mary calls Tom the next day and leaves a message, ?Tom would you also consider paying my medical insurance?? Tom doesn?t respond but Mary later hears that her friend Ed wants the job and told Tom he would accept less salary. Tom then offers Ed the job. On May 8th Mary mails Tom a letter accepting the job for the $50,000.00 salary. Who gets the job, Mary or Ed? Explain your answer.
Paper#10410 | Written in 18-Jul-2015Price : $25