Question about contract law

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a22747568

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Question about contract law

Postby a22747568 » Thu Sep 22, 2016 10:25 am

I would like to ask how can i do and structure my answers, the topic of this question is about contract law.
I am looking for some guidelines but not a full answer.
It's highly appreciated if u guys could help me a bit . :)
Last edited by a22747568 on Mon Oct 24, 2016 4:19 am, edited 3 times in total.

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moxiewhoopiepie

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Re: Question about contract law

Postby moxiewhoopiepie » Thu Sep 22, 2016 10:32 am

This is my guess, but there's probably two separate answers.

The right answer likely is that no contract has been formed, so both parties are home free. Tom's email probably isn't definite enough to constitute an offer, mostly because he's indicating that he had merely heard that the car was available. Because of that, Peter's response (you switched the names) would likely be sufficient enough to constitute an offer. Because of this, the fact that he later changed his mind and mailed a letter revoking the offer wouldn't change the facts -- absent some response from Tom accepting the offer before he received the letter, there's still no contract.

I won't go into all the details on all of the derivations...hope that helps.

NotMyRealName09

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Re: Question about contract law

Postby NotMyRealName09 » Thu Sep 22, 2016 1:56 pm

Outline your answers then fill them in.

So like this (just example I'm not saying analysis is right).

Question 1.
Issue: was a contract formed? Contract formation requires an offer, acceptance, and consideration

Sub issue 1: was there an offer?
Rule: an offer is X. Offers can be conditional. A conditional offer is X.
Analysis (fill in after outline all issues)
Conclude sub issue

Sub issue 2: was there acceptance?
Rule: Acceptance is shown by X.
Analysis
Conclude

Sub issue 3: if offer was accepted, was it validly revoked?
Rule: revocation requires X. Also, Mailbox rule something something
Analysis
Conclude

Final analysis tying all sub issues together into original jssue, then conclude

Question 2a
Issue: if letter never arrived, what of revocation?
Rule, as stated above mailbox rule applies
Analysis
Conclude


Question 2b
Issue: if no voicemail, was there an offer?
Rule: see above rule for offers
Analysis
Conclude

Issue: if no voicemail, was there acceptance?
rule: see above rule for acceptance
Analysis
Conclude

Overall conclude

Question 2c
Sub Issue: is statement an offer?
Rule: see above rule for offer
Analysis
Conclude

Sub Issue: assuming statement was offer, was it accepted?
Rule: see above rule for acceptance.
Analysis
Conclude

Overall conclude


And always analyze the alternative. Like if you conclude in question one that there was no acceptance thus no contract, still analyze the alternative.

Like "but assuming there was acceptance, was there proper revocation?"

Write in that structure, which you'll note is IRAC. Don't meander or give a narrative.

It's always "First issue is whether a contract was formed. Contract formation requires x, y, z.

First sub issue is whether an offer was made. An offer is X. Offers may be conditional when y. Was Toms first statement on x an offer? Blah blah. Was Peters statement on x an offer? Blah blah. Was Peters statement a conditional offer? Blah blah. Therefore, it seems likely that (whoever) statement was a conditional offer

Assuming an offer, was it accepted? Acceptance requires showing x. Here, the fact that (whatever happened) shows the conditional offer was not accepted because Tom did not satisfy the condition and send the money.

But assuming an offer was accepted, did letter revoke acceptance? Revocation requires showing x. Mailbox rule operates to Y. Because (whatever), revocation likely was effective.

In sum, it seems most likely that there was no contract formed because of lack of acceptance by not satisfying condition. But if a contract was formed, then revocation operates to x.

******

And so on. Ignore my substance, wasn't trying to give you the answer and I probably mixed up names and facts but follow this method and every professor will see you get how its done. And the structure you'll lay out BY OUTLINING EVRRY ANSWER BEFORE writing in rest of answer will ensure you don't miss anything while spending time flushing out your answer.

Just examples
Last edited by NotMyRealName09 on Thu Sep 22, 2016 2:23 pm, edited 1 time in total.

JDrat

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Re: Question about contract law

Postby JDrat » Thu Sep 22, 2016 2:17 pm

Well, I believe that in the first scenario there is really no contract for Peter's question is only an invitation to an offer and not an offer. so no matter Tom's response there is no concluded contract.

2.a For the reasons above, it would make no difference

b. Same

c. Even if Tom had made the offer, the consideration also is to be agreed upon between the parties - for there cannot be a contract without valid consideration. so if there is no consensus ad idem between the parties, there is no contract.

a22747568 wrote:I would like to ask how can i do and structure my answers, the topic of this question is about contract law.
It's highly appreciated if u guys could help me a bit . :)

Question:
Tom and Peter are friends. On 11 May 2013, Tom wrote an email to Peter, “I heard that you are selling your car for $9000. I am interested in buying it, let me know if it is still available.” On 12 May 2013, Tom called Peter and left a voicemail for him - “Sure, provided you transfer the money to my bank account”. Tom then changed his mind and he posted a letter to Peter which read, “I am sorry, but I changed my mind and I can’t sell the car to you”. This letter arrived on 13 May 2013, before Peter checked his voicemail.

Answer the following questions:

1) Advise Tom and Peter as to their rights and obligations.


2) What difference, if any, would it make if:

a) Tom’s letter had never arrived?

b) Due to a problem with the mobile network on Peter’s phone, the voicemail left by Tom on 12 May 2013 was not recorded and Peter had no knowledge of the voicemail.

c) Instead of Peter sending an e-mail to Tom on 11 May 2013, on 10 May 2013, Tom had asked Peter if he wanted to buy his car?

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pancakes3

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Re: Question about contract law

Postby pancakes3 » Thu Sep 22, 2016 2:17 pm

TLS does homework now?

NotMyRealName09

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Re: Question about contract law

Postby NotMyRealName09 » Thu Sep 22, 2016 2:24 pm

pancakes3 wrote:TLS does homework now?


I read it as request for guidance on structuring answer, which is a valid question.

a22747568

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Re: Question about contract law

Postby a22747568 » Fri Sep 23, 2016 2:26 am

thanks everyone for your help.
i am a freshman in studying law and there are much difficulties but i will try my best to overcome.

a22747568

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Re: Question about contract law

Postby a22747568 » Sun Sep 25, 2016 10:24 am

NotMyRealName09 wrote:Outline your answers then fill them in.

So like this (just example I'm not saying analysis is right).

Question 1.
Issue: was a contract formed? Contract formation requires an offer, acceptance, and consideration

Sub issue 1: was there an offer?
Rule: an offer is X. Offers can be conditional. A conditional offer is X.
Analysis (fill in after outline all issues)
Conclude sub issue

Sub issue 2: was there acceptance?
Rule: Acceptance is shown by X.
Analysis
Conclude

Sub issue 3: if offer was accepted, was it validly revoked?
Rule: revocation requires X. Also, Mailbox rule something something
Analysis
Conclude

Final analysis tying all sub issues together into original jssue, then conclude

Question 2a
Issue: if letter never arrived, what of revocation?
Rule, as stated above mailbox rule applies
Analysis
Conclude


Question 2b
Issue: if no voicemail, was there an offer?
Rule: see above rule for offers
Analysis
Conclude

Issue: if no voicemail, was there acceptance?
rule: see above rule for acceptance
Analysis
Conclude

Overall conclude

Question 2c
Sub Issue: is statement an offer?
Rule: see above rule for offer
Analysis
Conclude

Sub Issue: assuming statement was offer, was it accepted?
Rule: see above rule for acceptance.
Analysis
Conclude

Overall conclude


And always analyze the alternative. Like if you conclude in question one that there was no acceptance thus no contract, still analyze the alternative.

Like "but assuming there was acceptance, was there proper revocation?"

Write in that structure, which you'll note is IRAC. Don't meander or give a narrative.

It's always "First issue is whether a contract was formed. Contract formation requires x, y, z.

First sub issue is whether an offer was made. An offer is X. Offers may be conditional when y. Was Toms first statement on x an offer? Blah blah. Was Peters statement on x an offer? Blah blah. Was Peters statement a conditional offer? Blah blah. Therefore, it seems likely that (whoever) statement was a conditional offer

Assuming an offer, was it accepted? Acceptance requires showing x. Here, the fact that (whatever happened) shows the conditional offer was not accepted because Tom did not satisfy the condition and send the money.

But assuming an offer was accepted, did letter revoke acceptance? Revocation requires showing x. Mailbox rule operates to Y. Because (whatever), revocation likely was effective.

In sum, it seems most likely that there was no contract formed because of lack of acceptance by not satisfying condition. But if a contract was formed, then revocation operates to x.

******

And so on. Ignore my substance, wasn't trying to give you the answer and I probably mixed up names and facts but follow this method and every professor will see you get how its done. And the structure you'll lay out BY OUTLINING EVRRY ANSWER BEFORE writing in rest of answer will ensure you don't miss anything while spending time flushing out your answer.

Just examples


kindly ask u a question
i doubt whether “I heard that you are selling your car for $9000. I am interested in buying it, let me know if it is still available.” this statement is an offer or not.

cavalier1138

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Re: Question about contract law

Postby cavalier1138 » Sun Sep 25, 2016 10:44 am

a22747568 wrote:
kindly ask u a question
i doubt whether “I heard that you are selling your car for $9000. I am interested in buying it, let me know if it is still available.” this statement is an offer or not.


See, this would qualify as doing your homework for you. You really need to be discussing things like this with your professor.

But here's a hint: if you "doubt" that it counts, then it sounds like there's a little room for debate.

NotMyRealName09

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Re: Question about contract law

Postby NotMyRealName09 » Mon Sep 26, 2016 4:50 pm

cavalier1138 wrote:
a22747568 wrote:
kindly ask u a question
i doubt whether “I heard that you are selling your car for $9000. I am interested in buying it, let me know if it is still available.” this statement is an offer or not.


See, this would qualify as doing your homework for you. You really need to be discussing things like this with your professor.

But here's a hint: if you "doubt" that it counts, then it sounds like there's a little room for debate.


Yeah I said I wasn't analyzing the substance, my answer was to show the method not the answer. But I think you're seeing how to attack these. So like this

Issue: is statement that "I heard that you are selling your car for $9000. I am interested in buying it, let me know if it is still available." an offer?
Rule: an offer is X.
Analysis: This statement might not be considered an offer because Y. Instead, it might be considered (something else) because of Z.



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