business law Essay BA 434 SEMidterm Exam 2001 Spring TermQuestion One: Jim’s promise is not enforceable under the contract law.
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 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 stated that all she needed to do was to come and see him.
By accepting Jim’s offer, Pam traveled to see Jim, thus completing the contract. However, Pam assumes that in Jim’s consideration, he will pay for her incurred expenses as long 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.
Jim’s offer lacked quantity, time for performance, and definate communication. Thus, this intended contract is non-binding due to the indefinate offer. Question Two Due 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 made 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 contract 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. Bonus Questions1. ) A tort is a private wrong for whic damages may be recovered. A tort may be intentional or it may be cause by negligence (failure to exercise reasonable care toward someone). It is tort law that allows an innocent motorist who is the victim of a careless or negligent driver to sue the driver for damages. Other torts include fraud, trespass, assault, slander, and interference with contracts.
A tort action must be brought by the injured person against the person alleged to be negligent. .
