discussion

Contracts Rules Everything Around Me

Contracts move every aspect of commerce; big and small; down to every transaction in which you participate; down to the home you buy; the products you buy on Amazon; to the food you buy at the grocery store.

What questions do you have regarding the necessary elements required to form a legally binding contract; or in what circumstances is a contract legally formed or not?

• Part 1 Post a thoughtful question  in this discussion thread that proposes a question of law for the class to answer whether a contract was legally formed or not?  You must also provide a sufficient set of facts in which to apply the question of law.  This can even be from a simple personal experience such as when you select an apple in the grocery store: are you offering to purchase the apple or accepting the advertised offer to purchase the apple? (more facts would be needed here to make this a thoughtfully proposed question but hopefully you get the idea).

Part 2. points will be awarded for a correct, thoughtful response to a question.  In your response you must provide a source for the law or laws that support your conclusion (which will be a citation to the textbook).  If your response does not have a source of law, then it is merely opinion.  Law is formed by caselaw, statutes and regulations; both state and federal; also to a lesser degree by city ordinances.  Your textbook summarizes the law to the degree necessary for this course.  Please also provide the necessary elements to form a legally binding contract in your answer.  Expound in depth where necessary to support your conclusion.  It is encouraged to have more than one answer to a question as the first responders are not always correct or awarded full points for having a meaningful response.

CHOOSE A QUESTION YOU WOULD LIKE TO RESPOND TO:

Here’s a scenario and question: A gas station manager with implied authority gets a quote from a contractor for removing mold and remodeling the site’s office. The owner of the site approves work for the mold to be removed. The manager accept’s the contractor’s quote for all the work to be done in the quote.Upon visiting the site, the owner finds, in addition to removing the mold, that a cosmetic remodel of the office has been started. The owner wanted only for the mold to be removed, not for a cosmetic remodel of the office.How does the manager’s acceptance of the quote without full transparency to the owner affect the validity of the agreement? What remedies are available to the owner and contractor?

My question for the class is,Under what circumstances does silence or inaction constitute acceptance of a contract offer?You’re browsing online for a new laptop. You find one you like on a retailer’s website and add it to your cart. After reviewing the terms and conditions, you decide not to proceed with the purchase. However, you forget to remove the item from your cart and leave the website without completing the transaction.Would your failure to remove the item from your cart be considered acceptance of the retailer’s offer to sell the laptop at the listed price, thus forming a legally binding contract?

TO MAKE THINGS CLEAR, there is two parts. The first part is to provide me with a question to ask the class with sufficient facts which apply to the question of law. The second part is to provide a response for one of the question options I provided, you can choose whichever option you like. YOU MUST use the textbook I have linked to support the response.