Offer
Elle really wants the front row seat in her Crim Law class, so she approaches Vivian and tells her “I will give you my gift certificate for free mani-pedis for a year if you let me have the seat now.” Is this an offer?
Bonus for $200:
Vivian says “I’ll think about it, how about you give me all your outlines and throw in some shoes?” Has a contract formed?
Bonus for $300:
- What if Elle says “If you say yes right now, you have a deal!” and Vivian gets up from her seat and goes to the back? Has a contract formed?
Yes
Question 2: No, she has not yet accepted; mere inquiry
Question 3: No, she did not accept in manner required
Vanessa goes to a booth offering law school tutoring services for a fee of $80 a month. While filling out the forms, the booth officers get distracted and forget to ask Vanessa to provide her credit card information. Vanessa enrolls in the program, then after three months gets a bill for $240. Did a contract form between Vanessa and the tutoring service?
Yes, Vanessa's silence was acceptance because she took dominion over consideration
Jared is looking through Facebook Marketplace and sees a used Cadillac that is selling for $3000. Jared accepts and pays for the car, but the car is actually worth $700 because it's used. After finding this out, Jared wants to rescind the contract. Can he?
No, mere inadequacy does not void a contract
Beetal is 10 years old and is flipping through TV channels. While watching ICarly, a commercial for a trampoline airs, with a phone number attached. Beetal calls the number and orders the trampoline. When it gets there, Beetal changes her mind and refuses to pay. The trampoline company wants to sue for breach of contract. Can they?
No, Beetal is a minor and can disaffirm the contract at any point as long as she doesn't damage the trampoline, misrepresent her age, it's not a necessity, and she isn't statutorily required to obey the contract. She does have to return the trampoline though.
Duane goes online and buys a toilet for $3000. He also pays a toilet installation fee of $150. The toilet installer fails to come to the appointment and Duane sues for breach of contract. Which would govern based on the PPT and the gravamen test?
PPT - UCC
Gravamen - Common Law
Alondra offers Arielle her computer for $300 on Friday. Arielle says she will think about it and asks Alondra to keep the offer open for a week. Arielle pays Alondra $2 to keep the offer open. The next Friday, Arielle decides to not buy the computer. Can Alondra sue for breach of contract?
No, Arielle has the right to accept by next Friday, but not the obligation
Bobby promises to pay Mary $30 if she walks his dog next Wednesday. That Tuesday, Mary breaks into Bobby's apartment, walks the dog, then shows up to his bedside demanding money. When Bobby doesn't give it, Mary sues for breach of contract. Will Mary be successful?
No, because accepting in the manner required would have been to walk his dog on Wednesday, not Tuesday, so she didn't accept.
George tells his son he will buy him a car if it rains tomorrow. Is this a contract?
No, no BFE
Chad goes to a party and drinks a lot. He gets on top of a table and shouts he's "white boy wasted!". Chad is too drunk to drive, but still carries on coherent conversations with people. When he gets down from the table, his friend Brad, who has always wanted Chad's room, tells him he will trade his car for Chad's room. Chad says yes. The next morning, Chad is shocked to see Brad's stuff in his room. Can Chad rescind the contract?
No, the bar for intoxication is really high, and Chad was able to talk to people and walk
Damien's son Tate is a loser, so Damien verbally promises to give Mary $3M for Mary to marry Tate. Mary does, then demands her money. Damien says their agreement was not enforceable because it wasn't in writing. Will Damien win?
Yes, marriage provision contracts must be in writing in order to be enforceable
Samantha promises Carrie $1M if she walks across the Golden Gate Bridge. Once Carrie starts, Samantha revokes her offer. Carrie sues for breach of contract. Will she win?
Yes, partial performance of unilateral K is an irrevocable offer.
Buyer, who routinely buys products, orders 300 gallons of gasoline from Seller, who routinely sells products. Buyer sends a purchase form to Seller, Seller sends back an order acknowledgment form with all terms the same except a clause that protects Seller from liability if the gasoline spontaneously combusts. Buyer does not read this clause and they continue on as if it wasn't added. The gasoline spontaneously combusts and Seller says they are protected from liability. Is Seller protected from liability?
Regann promises to give Arielle a yacht worth $300,000 for $2. Has a contract formed?
No, consideration is nominal
Tammy's husband just died and she is grieving. Her sister Tabby has always wanted Tammy's house. Tabby starts doing nice things for Tammy, like taking out the dog, doing chores around the house, and spending extra time with Tammy so she is not alone; this is all so she can get the house. After three months, Tammy is still grieving, but tells Tabby she will give her her house because of her kindness. She does. A year later, Tammy realizes her mistake and sues to rescind the contract. Will Tammy win?
Defense answer - no (No unfair persuasion, coercion, intimidation, etc. Tammy didn't feel forced)
Formation answer - no contract because past consideration/moral obligation
Jared, someone who has connections to the music industry, promises Beetal a job as Beyonce's lawyer. The job is in LA, and Beetal lives in San Francisco. Beetal quits her job in SF (where she earned $800K a year) and gets an apartment in LA. When Beetal shows up to the recording studio, Jared then says "Silly Beetal, I don't even know Beyonce!" Beetal leaves the studio, but is able to get a job as Rihanna's lawyer for $1M a year. Still mad, Beetal wants to sue Jared under promissory estoppel. Will she be successful?
No, she now earns $1M as Rihanna's lawyer, so the element of "the only way of avoiding injustice is to enforce promise" is not fulfilled
Liv, who regularly sells custom necklaces on Etsy, offers to sell a Christmas tree necklace to Regann for $50 in December of 2025. Regann asks for the offer to be held open until next year, and Liv agrees. The offer is put in writing and signed by Liv. In December of 2026, Regann contacts Liv, but Liv has sold the necklace to someone else. Regann wants to sue for breach of contract. Can she?
No, UCC merchant's firm offers can only be irrevocable for three months; after that, offeror can revoke at any time
While standing in the middle of the highway, Fred offers to buy Shaggy's car. A car speeding at 150 mph comes by and hit Shaggy. Shaggy dies. Fred, seeing that Shaggy's car is available, starts driving it. Shaggy's family sues Fred for the car. Fred says him and Shaggy had a contract. Will Fred win?
No, Shaggy died before he could accept Fred's offer.
John, a random adult, promises Kevin, who is 12, that he will give him $3000 if Kevin stops drinking. Kevin agrees. Is there consideration?
No
John - random adult, no benefit to his as promisor
Kevin - no detriment to him as promisee because he has no legal right to drink anyway
George sells houses. He is selling a house that had a murder occur in it 30 years ago. The Buyers are unaware of this defect. George goes to the public library and checks out all the articles on the murder. He also wipes all the information about the murder from the internet. The Buyers buy the house; two months in they find out about the murder. They sue George for nondisclosure. Will they win?
Yes, George intentionally concealed the information
Heidi, a random lawyer visiting USF for a talk, sees Liv in the library studying for CivPro. She goes up to Liv and gives her some pointers, though Liv has her earphones in and really wants to focus. Heidi then asks for $500. Liv refuses. Heidi sues for restitution. Will she win?
No, Heidi was an officious intermeddler and Liv did not accept the benefit conferred
Charlotte and Miranda are at lunch, talking about their lives. Miranda says Charlotte will not get a promotion at work. Charlotte says she will, and Miranda rolls her eyes and says sarcastically "if you get that promotion, I will pay you a million dollars". Charlotte accepts. Charlotte gets the promotion, and reminds Miranda of their deal. Miranda does not comply. Charlotte sues Miranda for breach of contract. Will Charlotte win?
Debatable
Yes - Miranda's objective manifestation communicated a K
No - she rolled her eyes when saying so sarcastically
Danny is negotiating his lease. Danny offers to rent the apartment again, and the apartment company sends over the contract with an extra term added: that they will not be liable if dynamite explodes for some reason. Danny does not see this clause and signs. One night, dynamite explodes and Danny is injured. He sues the apartment company. Will he win?
No, last shot was apartment company's form, so their terms rule
Santa promises his elves $300M to make 80M toys for Christmas; the elves accept and start working. While working, an unexpected snowstorm blows through the North Pole and cuts off the electricity. The elves can now only make 40M toys with the generator on. Santa accepts this. Is there still a contract?
Yes, one-sided modifications are okay if made in light of unexpected circumstances and duties are still executory
Miller and Harry are best friends. Miller really wants Harry's car. Harry has also not paid his taxes for the past 20 years. Miller tells Harry that if he doesn't give Miller his car, he will report him for tax evasion to the IRS. Harry has money to go through the process of litigation (especially since he hasn't paid his taxes for the last 20 years). Harry signs the contract, and then tries to rescind based on duress. Will Harry win?
No, there's a reasonable alternative
Buyer orally offers Seller 40 gallons of gasoline for $40K. Seller accepts. Seller sends buyer a very detailed memo on November 10. Buyer sees the subject line and knows what it's about, but doesn't respond. On November 25, Seller sues Buyer for breach of contract because the gasoline was not delivered. Buyer says that because the contract was oral, it is not enforceable. Will Buyer win?