Learning Activity #1

The focus of this LA is types of contract, the elements of contracts, particularly offer and acceptance, genuine assent, consideration, express and implied contracts, breach of contract.

 

Scenario:  On March 1, Dan offered Painter $1200 if Painter would to paint the outside of his house by April 1.  Painter did not respond.  On March 15, Painter began painting Dan’s house, and completed the job by March 17.  

Painter presented Dan with a bill for $1200 for painting the house.

A.  Did Dan and Painter have a valid contract?  If so, what type of contract and at what time did it become enforceable?

B.  If no contract existed, why not?  

 

 

Learning Activity #2:  

 

The focus of this LA is to distinguish types of contracts, e.g., unilateral, bilateral, implied, express, offer, acceptance, assent, consideration, remedy, compensatory damage, etc.

 

Scenario:  Smith awoke one morning to the sound of construction in his back yard.  When he looked out the window, he saw Ajax Construction Co. apparently building a detached garage on his property.  He had not spoken with Ajax for this service or had any dealings with Ajax.  However, Smith really wanted a new garage, so he let them continue.  Later, it was discovered that the garage was intended to be built for his neighbor next door.

 

When the garage was completed, Smith refused to pay Ajax for the garage.  The owner of Ajax came to you, an attorney, for advice about whether it is legally possible to sue Smith for the value of building the garage.

 

a.  Would you advise Ajax that there is a valid legal claim for a lawsuit?  If so, on what basis, that is, for what could Ajax sue Smith and why?  Explain.

 

b.  What would you advise Ajax about the likelihood of winning a lawsuit lawsuit against Smith and collecting the full value of building the garage, and why? Explain.