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b18ch10 - 2/29/2012 Chapter 10 Agreement 2005 Byron Lilly...

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2/29/20121© 2005 Byron Lilly De Anza College1Chapter 10AgreementChapter 10Agreement© 2009 Byron Lilly De Anza CollegeChapter Opener: Bob and KatrinaChapter Opener: Bob and Katrina9Are Bob and Katrina in a contract?9If so, what will Katrina’s fee be?9Has Katrina agreed to do the nude scenes?9Can Katrina walk away from this deal withno legal consequences?9Can Bob hire a different actress for the partwith no legal consequences?9Are Bob and Katrina in a contract?9If so, what will Katrina’s fee be?9Has Katrina agreed to do the nude scenes?9Can Katrina walk away from this deal withno legal consequences?9Can Bob hire a different actress for the partwith no legal consequences?2© 2009 Byron Lilly De Anza CollegeMeeting of the MindsMeeting of the MindsA situation in which the words anddeeds of each party would cause areasonable person in the other’sposition to believe that they havemade a contract consisting of definiteterms, and to have perceived thesame set of terms as the other.A situation in which the words anddeeds of each party would cause areasonable person in the other’sposition to believe that they havemade a contract consisting of definiteterms, and to have perceived thesame set of terms as the other.3
2/29/20122There Will Be No Meeting of theMinds in These CasesThere Will Be No Meeting of theMinds in These Cases9Death or mental incapacity of theofferor before acceptance.9A reasonable person observing theirdiscussion would not have known whatterms they agreed to.9Two reasonable parties could and didperceive different terms.9Death or mental incapacity of theofferor before acceptance.9A reasonable person observing theirdiscussion would not have known whatterms they agreed to.9Two reasonable parties could and didperceive different terms.4Two Reasonable Parties Could and DidPerceive Different TermsTwo Reasonable Parties Could and DidPerceive Different TermsRaffles v. Wichelhaus9Wichelhaus purchased a shipment of cotton fromRaffles to arrive on a ship called the Peerless fromBombay, India.9Wichelhaus meant a ship called the Peerlesssailing from Bombay in October.9Raffles meant adifferentship,alsocalled thePeerless, andalsoleaving from Bombay, but inDecember.Raffles v. Wichelhaus9Wichelhaus purchased a shipment of cotton fromRaffles to arrive on a ship called the Peerless fromBombay, India.9Wichelhaus meant a ship called the Peerlesssailing from Bombay in October.9Raffles meant adifferentship,alsocalled thePeerless, andalsoleaving from Bombay, but inDecember.5Raffles v. WichelhausRaffles v. Wichelhaus9When the goods arrived on the DecemberPeerless, Raffles delivered them toWichelhaus.9By that time, however, Wichelhaus was nolonger willing to accept them.

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Term
Fall
Professor
Gough
Tags
Business Law, Byron Lilly De Anza College, Lilly De Anza, Byron Lilly, Bayway Refining Co

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