Friday, May 31, 2019
business law :: essays research papers
Business Law BA 434 SEMidterm Exam 2001 Spring shapeQuestion OneJims promise is not enforceable under the contract law. A contract consists of 3 elements 1) tour, 2) acceptance, and 3) consideration. The offer must be definate. It must learn 1) subject, 2) price, 3) offeree, 4) quantity, and 5) time for completeance and it must be communicated to the offeree. Applying the elements of a contract to the facts before us, the contract began when Jim offered Pam a place to live. He basically recited that all she required to do was to come and see him. By accepting Jims offer, Pam traveled to see Jim, thus completing the contract. However, Pam assumes that in Jims consideration, he will pay for her incurred expenses as keen-sighted as she visits him. Jim is not bound to the contract because the offer was not definate. Yes, Jim offered Pam, the offeree, a place to stay, however, he did not stated when the act could be performed nor did he state exactly what "providing a place to live" included. Meaning, he only offered Pam a place to reside, and there was not mention of Jim handling any other expenses. Jims offer lacked quantity, time for performance, and definate communication. Thus, this intended contract is non-binding due to the indefinate offer.Question TwoDue to the methods of terminating a contract, Oneal was relieved of his contract. A contract consists of 3 elements 1) offer, 2) acceptance, and 3) consideration. The offer must be definate. It must have 1) subject, 2) price, 3) offeree, 4) quantity, and 5) time for performance.Now applying one of the methods by which a contracts are terminated to the facts before us, when the Opera House burned to the ground, it make it impossible for both Oneal and Jordan to perform. Oneal was bound to the contract, in that he accepted the offer, however, because the Opera House ( the contracted location) was no longer avail for use, he was not able to perform his duties of singing. Jordan was bound to contra ct because he offered Oneal a place to sing for six months, however, the torching of the Opera House made the providing of the stage practically impossible. The impossibility of performance made the breach of contract legally possible.
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