Documente Academic
Documente Profesional
Documente Cultură
Dr Paladan Nerisa
September 2015
Instructions:
1. Create a group that is compose of 3 to 4 members. Take note that there will be
four groups with 4 members and 2 groups with 3 members. All students must be in
a group if not I will make a re-grouping.
2. The case for chapter 10 is the case# 2- Agreement on page 256, for chapter 11
is the case#2 -Consideration on page 267 and for chapter 12 is case #3 -
Intoxication on page 285.
3. Make a summary of each case and answer the questions at the end of the case.
The format of your case should be: for example: Case Study - Chapter 10,
Summary and Answer to the questions.
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Agreement above all is a manifestation by 2 or more persons of the substance of the contract.
And in order to have a contract, we should have an offer and an acceptance. In the offer, there
should have objective intend definite terms and communication to the offeree. And also many
way to accept the offer and by this we can conclude that the contract is made so it is over. So
according to what we saw on the book, we can say that there is no contract between Mr.
McLaughlin and Mr. After McLaughlin has submitted the written offers to purchase the
parcels, Heikkila decided to change the price of all the three parcels and also the closing dates
without concerting Mr. McLaughlin and this is not legal. In consequence of that behavior
from Heikkila, McLaughlin decided not to sign the purchase agreements to accept the
changes so the contract cannot be valid.
Case 2 Chapter 11
The case 2 is talking about consideration. Something of legal value has been given in
exchange for a promise. In fact, Belty agreed that if Clyde would devote full time to KFC
franchise, they would operate the business as a jourt enterprise end share equally in the
ownership of as assets and divide as returns equally. So Clyde decided to terminate his tire
business and devoted his full time to the KFC franchise. The agreement made by both of
them was an oral agreement so less enforceable. So to respond to the question to know if the
agreement is enforceable, we may dearly say no the agreement is not enforceable because the
promise made by Belty did lack of consideration being an illusory promise. Indeed Belty
decided not perform her contractual obligation.
Case 3 Chapter 12