exam 1 - Essay Question 1: Issue: Whether there was a valid...

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Essay Question 1: Issue: Whether there was a valid contract between Bakers family and George. Rule: To prove the legal power of a contract it must have: 1. Agreement a. Offer b. Acceptance 2. Consideration 3. Contractual capacity 4. Legality Application: First, in order for a contract to be valid it must meet all the criteria in the Rule section. Following the rule, contract must have an agreement. In our case, Bakers family made an offer on the Internet to tutor two of their kids for two hours a night for the next two years for top dollar pay. This meets the criteria of offer because it has: serious intension to become bound by the offer, the terms are reasonable certain (identification of the parties: Melissa and Betsy Bakers, identification of the object or subject matter of contract, consideration to be paid, time of payment, delivery or performance). However, the terms were discussed with Mr. Baker’s daughter who is 19 years old and she can drive a car and the offer was accepted, this agreement needed to be in writing due to the reason being over $500.00 monetarily and over one year in length. Also this agreement cannot have full legal power because Melissa was talking on behalf of her father since he is the one who placed this ad on the Internet. Further, this contract follows a rule for the consideration section such as a promise to do something that one has no prior legal duty to do, or performance of an action that is otherwise not obligated to undertake, or refraining from an action that one has a legal right to undertake. Next is contractual capacity. This contract was not negotiated with a minor or mentally incompetent person, based on the fact above, and cannot be voidable or be a void. And last, this contract does not violate the legality section. It was not violating any gambling laws or requiring one side to commit a crime. However, I think it
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This note was uploaded on 04/30/2011 for the course LAW 265 taught by Professor A during the Winter '11 term at Metropolitan Community College- Omaha.

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exam 1 - Essay Question 1: Issue: Whether there was a valid...

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