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Contract law exists to ensure that agreements between two or more parties are honored by every party. In this regard, contract law is based on the principle that agreements between two parties are legally enforceable since every part needs to honor his/her part of the deal. Despite the constant changes in contract laws because of the uniqueness of contractual situations, there are some basic elements that must exist for a contract to be established between the parties. The existence of these elements is usually used as the premise for addressing contractual issues that may arise between the parties during execution of the terms of the agreement. The use of these elements help in determining the existence of a valid contract, especially when issues emerge during the fulfillment of each party's obligations or when one party denies the existence of a contract with another.
One of the situations in this scenario that describe an offer and acceptance sufficient to generate a valid contract is Bob and Ben's situation. In this scenario, there was an offer or promise i.e. Bob offered Ben $50 per week for lawn mowing every Saturday. Secondly, the two parties reached an agreement in which Bob was to pay Ben in two installments and if the job was satisfactory while Ben agreed to mow the lawn and provide the mower, gas, and oil. Third, there was performance of contractual obligations on Ben's part since he mowed the lawn for nine weeks through Bob did not pay him (Ben) after six weeks as they had agreed upon. These elements demonstrate the existence of an offer and acceptance sufficient to create a valid contract between Bob and Ben. However, the legal capacity for these two individuals to enter into a contract could generate concerns since Ben is 14 years. These issues could be addressed through contractual capacity, which states that an individual's ability to enter into a contract is not diminished by age (Walston-Dunham, 2012). Therefore, Ben's age is not...
While Noah enlisted the help of the travel agency to look for a good deal for his vacation, there was no offer by the travel agency that Noah would agree upon. The travel agency did not provide any offer to Noah showing the best possible deals that Noah could agree upon before charging him (Noah). In essence, Noah had provided an indefinite promise that would not constitute a valid and enforceable contract because there were no specific terms for the travel agency to act upon rather than simply look for a good deal for his vacation.
In the third situation involving Damone and his best friend, there is an offer and acceptance sufficient to create a valid and enforceable contract. Damone made an offer to Shari to help her contact every specialty shop within a 200-mile radius over the next 18 months for 50% of the sales generated from this business. The acceptance is the oral agreement that took place when Shari called Damone and accepted the offer, which in turn creates a valid contract.
The fourth situation involving Kevin and his parents does not create a valid and enforceable contract between the parties. While there was an offer made by Kevin's father to continue carrying him on their (parents) insurance, there is no record of Kevin accepting the offer. The lack of acceptance, which is an important element of a contract, implies that no valid contract exists between Kevin and his parents.
In the final situation, there is a valid contract between Kevin and his father because there was an offer, which Kevin agreed upon. The father made an offer of paying Kevin's college tuition until he completes his bachelor's degree. Kevin's decision to call and thank his father is an indication of acknowledging and…
References
FindLaw. (n.d.). What Contracts are Required to be in Writing? Retrieved February 28, 2017, from http://smallbusiness.findlaw.com/business-contracts-forms/what-contracts-are-required-to-be-in-writing.html
Walston-Dunham, B. (2012). Introduction to Law (6th ed.). New York, NY: Cengage Learning.
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