contracts assignment 4

For each of the following five questions, explain your answers in as much detail as possible. For each answer, state the law (including all of the relevant elements of the law), state the relevant facts, apply the law to the facts, and give your opinion as to what the outcome should be. Each answer is 20 points (100 points total).

1) Acme Equipment offers to sell a dough-cutting machine to Big Bagels Inc. The offer states: “This offer expires Friday noon.” Acme is based in Boca Raton, Florida. Big Bagels is based in Los Angeles, California. On Friday, at 10:00 am Eastern time (Florida time), the sales manager for Acme calls the president of Biscuits and says, “Well, I guess you don’t want it. Contract is terminated.” What are the elements of a valid offer? Was this a valid offer, and why? Should this contract be terminated, and why?

2) Yellow Heating Inc. offers to ship furnaces to Zippy Inc. for $4,500 cash. Zippy’s CEO e-mails back, “Great, I accept, as long as we can make that payable in three weeks, not tomorrow.” What are the elements of a valid acceptance? Was this a valid acceptance and why?

3) On Monday morning, Andy and Brian enter an oral, unwritten contract for the sale of five acres of land in Delray Beach, Florida, at “$10,000 per acre.” On Tuesday morning, Andy demands that Brian pay him “$11,000 per acre” for the land. Brian refuses. Andy sues. Who should win, and why? In your answer, explain written/oral and implied/express contracts.

4) Abby is a brilliant 16-year-old high school student who has invented “The Spritzer,” a device to keep vegetables fresh in the refrigerator. Abby goes to TGIThursdays restaurant, where she meets up with Brianna, the 23-year-old sister of Abby’s best friend. They sit down for a bite to eat. Brianna has four vodka-and-tonics, Abby has a Coca-Cola. Brianna and Abby write a contract on a sheet of paper, and sign it, stating that Brianna promises to pay Abby $100,000 for all rights in The Spritzer. Is this a valid contract? What are the reasons why this might not be a valid contract?

You shall be graded on your complete and proper explanations, research and language usage, all as noted below. The report must be no more than 1,000 words and is to be submitted in typed, double-spaced form. A report that does not follow this form will be deducted per the grading rubric. This project is 15% of your overall grade

This criterion is linked to a Learning OutcomeQuestion #1: Offer / SLO 9.3

20.0 pts

100%

Offer fully explained, law fully and completely applied to facts.

15.0 pts

75%

Offer mostly explained, law mostly applied to facts.

10.0 pts

50%

Offer partly explained, law partly applied to facts.

5.0 pts

25%

Offer not explained in any meaningful way.

0.0 pts

0%

No discussion.

20.0 pts

This criterion is linked to a Learning OutcomeQuestion #2: Acceptance / SLO 9.3

20.0 pts

100%

Acceptance fully explained, law fully and completely applied to facts.

15.0 pts

75%

Acceptance mostly explained, law mostly applied to facts.

10.0 pts

50%

Acceptance partly explained, law partly applied to facts.

5.0 pts

25%

Acceptance not explained in any meaningful way.

0.0 pts

0%

No discussion.

20.0 pts

This criterion is linked to a Learning OutcomeQuestion #3: Statute of Frauds / SLO 9.3

20.0 pts

100%

Statute of Frauds and implied/ express contracts fully explained, law fully and completely applied to facts.

15.0 pts

75%

Statute of Frauds and implied/ express contracts mostly explained, law mostly applied to facts.

10.0 pts

50%

Statute of Frauds and implied/ express contracts partly explained, law partly applied to facts.

5.0 pts

25%

Statute of Frauds and implied/ express contracts not explained in any meaningful way.

0.0 pts

0%

No discussion.

20.0 pts

This criterion is linked to a Learning OutcomeQuestion #4: Contract disabilities / SLO 9.3

20.0 pts

100%

Contract disabilities fully explained, law fully and completely applied to facts.

15.0 pts

75%

Contract disabilities mostly explained, law mostly applied to facts.

10.0 pts

50%

Contract disabilities partly explained, law partly applied to facts.

5.0 pts

25%

Contract disabilities not explained in any meaningful way.

0.0 pts

0%

No discussion.

20.0 pts

This criterion is linked to a Learning OutcomeFormat and language usage

20.0 pts

100%

See rubrics at end of syllabus.

15.0 pts

75%

See rubrics at end of syllabus.

10.0 pts

50%

See rubrics at end of syllabus.

5.0 pts

25%

See rubrics at end of syllabus.

0.0 pts

0%

See rubrics at end of syllabus.

20.0 pts

 
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