ADMS 2610 Lecture Notes - Lecture 2: Ultra Vires, Estoppel, Sept

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amberclam406

25 Jun 2012

School

York University

Department

Administrative Studies

Course

ADMS 2610

Professor

William Pomerantz

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Document Summary

Make a contract to know that if someone breaks a promise we can take them to court as a victim of breach of con- tract. Consensus to subject and object of the contract. Yes, under quantum meruit, unless the plumber is family or a friend. If any one of these are missing - the contract is void. There must be an intention of promisor to be bound by promise made. Intention presumed at law when promise made unless. (a) parties not at arm"s length (e. g. relatives, friends); No family doesn"t intend to be in a contract. (b) advertisement (merely invitation to do business) Future shop advertises at one price but changes it during that week. Haven"t entered into a contract so no breach of contract. Accepted when money is taken and accepted. When is contract entered into? (e. g. meeting of the minds) Acceptance - pick up goods/walk into store with advertisement. Unambiguous offer must be communicated before acceptance takes place.

Related Questions

A contract (Points : 3)

must be in writing tobe an enforceable contract.
is an agreement thatcreates enforceable rights and obligations.
is enforceable if eachparty can unilaterally terminate the contract.
does not need to havecommercial substance.

erintermite613

Describe an example of a contract that you or someone you know entered into (for example, rental agreement, cell phone agreement, property purchase or leaseï¿½car, home, furniture, etc.; home or car repair, student loan agreement). In your description, be sure to provide specific contractual details including parties and subject matter involved. You must also address the following:

Describe the five essential elements of an enforceable contract, and give an example of each element from the selected contract.

Explain whether or not the contract was fulfilled. If not, discuss at least one available breach remedy.

Evelyn Vollmer orally agreed to loan Danny Lang 150,000 to make an investment in a local nightclub. The loan was to be repaid from the profits received from the investment. Their agreement was never memorialized in writing, however. Eighteen months later, Lang paid only 15,000 on the loan from the profits from the business. Vollmer filed a lawsuit alleging breach of contract. Using the Information presented in the chapter, answer the following questions.

1 ) Lang claimed that repayment of the loan would "almost certainly" take over a year and that his agreement with Vollmer was therefore unenforceable because it was not in writing. Is he correct? Explain.

2 ) Suppose that a week after Vollmer gave Lang the funds, she sent him an e-mail contain the terms of their loan agreement with her named typed at the bottom. Lang did not respond to the e-mail. Is this sufficient as a writing under the Statute of Frauds?

3 ) Assume that at trial finds that the contract falls within the Statute of Frauds. Further assume that the state in which the court sits recognizes every exception to the statute of Frauds discussed in the chapter. What exception provides Vollmer with the best chance of enforcing the oral contract in this situation?

4 ) Suppose that at trial, Lang never raises that the argument that the partiesâ agreement violates the Statute of Frauds, and the court rules in favor of Vollmer. Then Lang appeals and raises the Statute of Frauds for the first time. What exception can Vollmer now argue?

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ADMS 2610 Lecture Notes - Lecture 2: Ultra Vires, Estoppel, Sept

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