Contracts Essay One

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Pages: 6

Contracts Essay One – Module 8

Does Peter have an enforceable contract against Don?

Enforceable contract Peter v. Don. Peter will have an enforceable contract with Don if he can show that all the required elements of a contract are present. If there is a contract between the two then it will be governed by the common law requirements of an enforceable contract instead of the Uniformed Commercial Code, which would be used if their agreement had involved the sale of goods. In order for a contract to be formed between Peter and Don the two must react mutual consent Mutual consent can generally be formed through the form of an (A) offer and (B) acceptance. An additional requirement for both parties to show (C) consideration is also
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1. Conduct. Acceptance of an offer requires a communication of the acceptance to the offeror from the offeree so the mutual consent requirement can be met. This communication can be implied through the offeree’s conduct. Peter’s acceptance could be inferred through his conduct of showing up to the facility one week after his conversation with Don to move his father into the home.

2. Revocation. An offeror may revoke an offer before it has been accepted, but the revocation must be communicated to the offeree directly if the offer was made directly to that party. The offeror is the master of the offer an is entitled to revoke an offer at anytime unless the offer meets the elements of an irrevocable offer. a. Revocation 1. Don published a notice in the newspaper stating the facility was full, terminating the initial vacancy ad he had published. Since the offer was made directly to Peter, Don cannot use the newspaper as the method of communication of the revocation of the offer because he has the requirement to communicate the revocation directly to Peter.

b. Revocation 2. Additionally Don placed a sign in the lobby of the facility stating the facility was full and not accepting ne residents. The revocation of an offer is effective immediately when the offeree receives it. Here, Peter saw the