Case Study Two: The Four Elements Of A Legal Contract

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Case Study Two In this case study a man (Sam Stevens) is living in an apartment where he invented a product. He has verbally promised to deliver this product to a store. He then receives an eviction notice from his landlord, for the product disrupting other tenants and for conducting a business out of the apartment. Then receives a notice from the store; asking for the product that he had promised to be delivered immediately. The four elements to a contract are an offer, an acceptance, an intention to create a legal relationship, and a consideration (usually money). The first and second element of a contract is the agreement, which is made up of an offer and an acceptance of a contract. The elements of an offer are (1) serious intent …show more content…

Capacity is the legal ability to enter into a binding agreement. Most adults over the age of majority have capacity; those under the age of majority, people suffering from mental illness, and intoxicated persons do not. I realize from reviewing these elements that I’m missing many facts from the case study that are just not revealed. For example there is no discussion of a written legal contract, only verbal promises. Quasi-contracts are sometimes called implied-in-law contracts, but they are not actually contracts. Rather, in order to prevent one party from being unjustly enriched at the expense of another, the courts impose contractual obligations on one of the parties as if that party had entered into a contract. This case would not reflect a quasi-contract as this would focus more if intent, offer and acceptance was not established verbally or written. In this case study there was a verbal agreement. The case study in regards to the obligation made to the store for the product falls in the realm of promissory estoppel. This is the one exception to the rule requiring consideration, the legal enforcement of an otherwise unenforceable contract due to a party’s detrimental reliance on the contract. Promissory estoppel occurs when three conditions are met and in this case and tin this case all three were met: • One party makes a promise knowing the other party will rely on

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