A
Sarah tells Mark, "I’m thinking about selling my laptop for $500 next month." Mark says, "I accept!"
Does Sarah make an offer?
No she's "thinking" about making an offer
A 16-year-old signs a 24-month contract for a luxury gym membership.
What element should immediately be noticed as "missing"?
Capacity
Leon offers to paint Jen’s fence for $100. Jen says, "I'll pay you $75." Leon says nothing.
Is there acceptance?
No, silence isn't acceptance
An employer tells an employee, "Because you did such a great job last year, I’m going to give you a $5,000 bonus."
Does the employer now have to give the bonus?
No, this is past consideration. The work is already done so anything extra paid to the employee would technically count as a gift
Two friends are joking at a restaurant. One writes on a napkin, "I'll sell you my Ferrari for $10." They both laugh and sign.
Does this count as an offer?
No, it must be a serious offer in order to count
A homeowner hires a contractor to build a deck that intentionally violates local zoning laws.
What element is missing?
Legality
A man who is visibly severely intoxicated and doesn't know where he is signs a contract to sell his farm.
Which element is missing?
Capacity
David offers to sell his car to Elena. Elena mails a letter of acceptance, but David sells it to someone else before the letter arrives.
Can Elena now take David to court for breach of contract?
Yes, once the acceptance is in the mailbox the offer is considered accepted
A landlord tells a tenant, "Sign this lease renewal now, or I will call the police and tell them you stole from me" (even though they didn't). The tenant signs the lease immediately.
Which element is missing?
Mutual Assent, you can't coerce/force or mislead someone into taking a deal
Uncle Joe tells his niece Janey, "If you are nice to me this Christmas, I will give you $1,000."
Can Janey take her Uncle to court and expect to win?
No, "being nice" is vague and hard to enforce
An electronics store accidentally puts a display in the window saying the first five people into the store get a TV for 1 Dollar. Five people show up, and the store refuses to honor it.
Does the display count as a legally binding offer?
No, legally a window display doesn't count as an offer
A person with advanced dementia signs a complex life insurance policy.
What element is missing?
Capacity
Jake offers to sell his bike to Mia. Mia says, "I accept, provided you also give me your helmet for free."
Does Jake have to still sell Mia the bike? Why or why not?
No, she made a counter-offer
A company hires a "hitman" to break a competitor's windows to drive them out of business.
Which element is missing?
Legality
A buyer and seller agree on the sale of "The Pearl," a boat. The buyer thinks it's the 2020 model; the seller knows this but is selling the 2010 model. Both are named "The Pearl."
Which element is missing?
Mutual Assent