Law of Contracts Discussion

Review Chapter Problem 1 in your textbook and answer the question presented regarding whether a contract exists between the city of Saint George Utah and Wadsworth Construction. (Page 226 of your textbook)  (Page 212, Problem 3 in the 4th edition).

Please briefly discuss your reasoning.

Hint: in doing your analysis, you need to evaluate each step of the offer and acceptance sequence between the entities trying to reach agreement.

CHAPTER 7
,ryE
by the offeror, counter offers are
L0. Reiection – terminates the offer, effective when received
reiections.
is stated the offer is good for a reasonable time’
L1,. Lapse of time terminates an offer, if no time
the offer’
12. Incompetence or death of the offeror or offeree terminates
the offer terminates the offer’
13. Death or destruction of the subject matter of
illegal, the offer terminates’
14. After an offer is made, if the subject matter becomes
the acceptance must be clear to a reasonable
15. Acceptance of the offer forms a contract;
contract; any
p”rro., full performance of the requested act is necessary for a unilateralany reasonable
UCC 2207 applies;
change in the offer constitutes a counter offer unless
in the offer; effective to
mode of communication is permissible unless directed otherwise
unless you have a duty
form a contract when sent (mailbox rule); silence is not acceptance
contracts may require notice
to speak. offeree can keep unsolicited merchandise; unilateral
of oerformance.
I
language that may restrict or
16. One-click online boilerplate contracts contain standardized
forum, and exculpatory clauses’
take away user rights uy inctuair,g arbitration, choice of
contracts’ Adhesion
clickwrap and Browsewrap agreements are forms of boilerplate
A court may not uphold a contract if
contracts are one-sided “takJit oi l”u’,r” it” situations’
unconscionability’
there is lack of mutual assent and procedural or substantive
X. Chapter Problems
onanairportconstructionproject’ wadsworthConstructiim
1. Thecityof st. George,Utahrequestedbids
“to iward the bid “‘ to Wadswo:t
submitted the lowelir”rpo.,riile bid. ff,L city council moved
negotiate down to a price yhereilyl ca
Construction with the condition and understanding we can
Notliing was signed’ The city cut $100’11’5
meet budget. If this is not acceptable, ,”Uia tn. gioj9ct.”
that he felt confident he could io
from the project price to bring it within budget. wadsworth statid
The next day he returned with a proposal’ bl
the reduction, but was not pre”pared to dir.rrr”, specifics.
of tfre price’ Subsequently’ Wadsr’r’o:tin
the parties never reached u., igr””*”r,t .”grrding reduction
breached by rebidding it. The city claims m
craimed it had a contract for the p.o,”.t, *”nicn tfe city
contract ever existed. \lflho wins and why?
Robert Taggart wanted to submit a bid’fd
2. Douglas County sought bids for a construction project’
of i rock source and was told :
knew the project .reedJd rock. He talked with one of the owners
the other owner was consulted’ Taggd
rock was for sale uri tr,” price could not be determined until
rock price and complete the bid’ Tagg=uil
prepared ur, i..o*fi”i” fi1a, told his bookkeeper to geJ the
The bids were oP-“n”-q’ Taggart’s Lid
left on vacation. rn’e uootteeper did so and submittid the bid.
rock was no longer for sale’ The next da1-:was the lowest, but it was learned later that day that the
The county subsequently awarded m
bookkeeper delivered a written bid withdru*il to the county.
contractio Taggart’ Is there a contract and why?
Carbide’s tnt:ig31]’it-Y^T”:”-tf*:t::lli,tfl
3. Oscar Mayer ordered sausage casings from Union
fi.rv”. paid, B111use of .o.”p”Iitior’, Urion Carbide instruceil
send its o.ders to an office outside Chicago’ th:l-“P{ i1:]i.q,P::,1:Y5:1”;:’tffi
LV JLT
Mayer
IYTAY ET to
\-,,SLdI
Oscar
later, tax authorities decided the tar’si
of paying the local tax and keeping it as a customer. Eightiears
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