2 questions about contracts

answer each question correctly and thouroughly. paragraph form and completely gramatically correct. 

BUS210

Be specific in your answers and state the applicable law used to reach your conclusions.

Question #1

Mike is a homeowner. Jill runs a snowplowing business. Mike asks Jill to provide an estimate for how much she would charge to snowplow Mike’s driveway. After Jill inspects Mike’s driveway, the parties have the following conversation on September 1, 2011:

Jill: “$50 each time I snowplow your driveway.”

Mike: “OK, sounds good. Please do so.”

Jill regularly snowplows Joe’s driveway during the 2011-12 season. In May 2012, Jill sends a bill to Mike for all visits she made in the 2011-12 season, and Mike promptly pays that bill in full without any other communication taking place between Jill and Mike.

• Jill regularly snowplows Mike’s driveway during the 2012-13 season and sends a bill for those visits in March 2013. What are the rights and responsibilities of the parties under contract law?

• Instead, assume that Jill does not come during the first major snowfall in 2012. Does Mike have any contractual rights against JILL? Explain fully.

• Ignore the previous bullets. Instead, assume Mike promptly pays the 2011-12 bill in full without any other communication. On September 1, 2012, Jill raises her prices 20% for all of her customers, and she notifies Mike of this fact. He does not respond. Jill regularly snowplows Mike’s driveway during the 2012-13 season and in March 2013 sends Mike a bill for those visits reflecting her increased prices. What are the right and responsibilities of the parties under contract law.

Question #2:

At the wedding of Tom and Mary, Tom’s father, Frank, told them that he wanted to live with them and to have them care for him for the rest of his life. He said, “If you agree to do this, I will deliver to you, within two years, a deed to my home.” Tom and Mary told Frank they accepted his offer and promised to look after Frank with loving care in Frank’s home. They immediately moved in with him.

Soon after moving into Frank’s home, Tom and Mary used their own money to add a new wing to the house, pay the outstanding property taxes, and pay off an existing mortgage of $25,000.

One year after Tom and Mary moved into the home, Tom reminded Frank of his promise to convey the property to them. Frank became angry, and refused to execute the deed and ordered Tom and Mary to leave the premises.

Answer the following questions by arguing both sides of the issues and applying the facts to the rule of law resulting in an appropriate and logical conclusion. Each question is considered independent. Therefore, the answer to one does not affect the answer to another. Answer all three questions even if doing so results in three logically inconsistent answers.

1. Will Frank be successful if he challenges the validity of the contract by asserting that he received no consideration?

2. Is the contract enforceable. Was there a valid offer and acceptance?

3. Assuming that Tom and Mary are not successful with respect to their breach of contract action against Frank, can they recover in quasi-contract or promissory estoppel? What is their remedy?

BUS 210 Exam Instructions.

 

Please read the exam carefully and answer all of the questions. 

When considering the legal issues, structure your answers as follows:                         

1.   State the relevant issue;

2.   Make the arguments of the parties involved;

3.  State the applicable rule of law;

4.  State your conclusion and the reasons therefore.

You may consult the text to answer the exam questions.  However, your answers MUST be your own work and you may not consult with anyone in or outside of the class.