Business Law Today
Steven Westgate
BUS345.01 Business Law I
Chapters 9, 10, 11, 12, 13, 14, 15, 16, 17, and 18
Professor Sappington
November 3, 2003 1) This would indeed be a contract called an implied-in-fact contract. This is a contract that is implied from the conduct of the parties. Unlike other contracts, the contract was created through the conduct of the parties, not through words. This is what Miller and McCleskey have done. The parties both agreed through their conduct that it was alright for Miller to take the candy bar, which he will pay at a later date.
2) Nursing Services will probably be able to recover the $4000. Under the objective theory of contracts, intent is not determined by the personal or subjective belief of a party. It is determined by how objective facts would be interpreted by a reasonable person. Therefore, it doesn’t matter that Janine did not feel she should pay for the service because there was no physical contract. From an objective view of a reasonable person, Janine knowingly received services without objecting to them. Since she was aware of this, she should have to pay for the services she has received.
3) Atencio and his friend have formed a bilateral contract. In this type of contract, the contract comes into existence at the moment the promises are exchanged. Therefore, at the moment his friend put the red paper in her window, the contract was formed. This contract meant that next week Atencio will give his friend a watch in exchange for $100. Unlike a unilateral contract, a bilateral contract does not have to have a payment of money or delivery of goods to take place.
4) Davison will probably be able to recover payment from Burger Baby. As with unilateral contracts, problems arise when the promissor attempts to revoke the offer after the promisee has begun performance but before the act has been completed. This is exactly what has happened to Davison. He started to
BUS345.01 Business Law I
Chapters 9, 10, 11, 12, 13, 14, 15, 16, 17, and 18
Professor Sappington
November 3, 2003 1) This would indeed be a contract called an implied-in-fact contract. This is a contract that is implied from the conduct of the parties. Unlike other contracts, the contract was created through the conduct of the parties, not through words. This is what Miller and McCleskey have done. The parties both agreed through their conduct that it was alright for Miller to take the candy bar, which he will pay at a later date.
2) Nursing Services will probably be able to recover the $4000. Under the objective theory of contracts, intent is not determined by the personal or subjective belief of a party. It is determined by how objective facts would be interpreted by a reasonable person. Therefore, it doesn’t matter that Janine did not feel she should pay for the service because there was no physical contract. From an objective view of a reasonable person, Janine knowingly received services without objecting to them. Since she was aware of this, she should have to pay for the services she has received.
3) Atencio and his friend have formed a bilateral contract. In this type of contract, the contract comes into existence at the moment the promises are exchanged. Therefore, at the moment his friend put the red paper in her window, the contract was formed. This contract meant that next week Atencio will give his friend a watch in exchange for $100. Unlike a unilateral contract, a bilateral contract does not have to have a payment of money or delivery of goods to take place.
4) Davison will probably be able to recover payment from Burger Baby. As with unilateral contracts, problems arise when the promissor attempts to revoke the offer after the promisee has begun performance but before the act has been completed. This is exactly what has happened to Davison. He started to