b18ch10 - Chapter 10 Agreement 2005 Byron Lilly De Anza...

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2/29/2012 1 © 2005 Byron Lilly De Anza College 1 Chapter 10 Agreement Chapter 10 Agreement © 2009 Byron Lilly De Anza College Chapter Opener: Bob and Katrina Chapter Opener: Bob and Katrina 9 Are Bob and Katrina in a contract? 9 If so, what will Katrina’s fee be? 9 Has Katrina agreed to do the nude scenes? 9 Can Katrina walk away from this deal with no legal consequences? 9 Can Bob hire a different actress for the part with no legal consequences? 9 Are Bob and Katrina in a contract? 9 If so, what will Katrina’s fee be? 9 Has Katrina agreed to do the nude scenes? 9 Can Katrina walk away from this deal with no legal consequences? 9 Can Bob hire a different actress for the part with no legal consequences? 2 © 2009 Byron Lilly De Anza College Meeting of the Minds Meeting of the Minds A situation in which the words and deeds of each party would cause a reasonable person in the other’s position to believe that they have made a contract consisting of definite terms, and to have perceived the same set of terms as the other. A situation in which the words and deeds of each party would cause a reasonable person in the other’s position to believe that they have made a contract consisting of definite terms, and to have perceived the same set of terms as the other. 3
2/29/2012 2 There Will Be No Meeting of the Minds in These Cases There Will Be No Meeting of the Minds in These Cases 9 Death or mental incapacity of the offeror before acceptance. 9 A reasonable person observing their discussion would not have known what terms they agreed to. 9 Two reasonable parties could and did perceive different terms. 9 Death or mental incapacity of the offeror before acceptance. 9 A reasonable person observing their discussion would not have known what terms they agreed to. 9 Two reasonable parties could and did perceive different terms. 4 Two Reasonable Parties Could and Did Perceive Different Terms Two Reasonable Parties Could and Did Perceive Different Terms Raffles v. Wichelhaus 9 Wichelhaus purchased a shipment of cotton from Raffles to arrive on a ship called the Peerless from Bombay, India. 9 Wichelhaus meant a ship called the Peerless sailing from Bombay in October. 9 Raffles meant a different ship, also called the Peerless, and also leaving from Bombay, but in December. Raffles v. Wichelhaus 9 Wichelhaus purchased a shipment of cotton from Raffles to arrive on a ship called the Peerless from Bombay, India. 9 Wichelhaus meant a ship called the Peerless sailing from Bombay in October. 9 Raffles meant a different ship, also called the Peerless, and also leaving from Bombay, but in December. 5 Raffles v. Wichelhaus Raffles v. Wichelhaus 9 When the goods arrived on the December Peerless, Raffles delivered them to Wichelhaus. 9 By that time, however, Wichelhaus was no longer willing to accept them.

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