Heye Brief - illusory promise that they did not have to...

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Heye v. American Golf Corporation, Inc. (P346) Issue Was there an enforceable consideration reached between Heye and AGC? Rule Offer - 1)Present intent to contract 2) definiteness of terms and 3)communicated to offeree. Acceptance - 1)present intent to accept 2) same terms (mirror image rule) and 3) communicated to offeror. Consideration - is a 1) legal value (to act/not act without having a legal duty to do so) 2) bargained for (agreed exchanged terms) promisor - making promise. promisee - receiving promise. Offeree - the one receiving. Offeror - making the offer. Contract - an exchange of promises. Illusory Promises - lacking mutuality of obligation required for an agreement to be enforceable. Unilateral contract Application Heye argues that AGC did not have a legal value because the contract gave AGC the option to "rescind or revise the policy" including the arbitration clause, which meant AGC was making an
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Unformatted text preview: illusory promise that they did not have to follow for themselves. Heye also argues that since the contract was unilateral there was no bargain to decide on the terms. AGC argues that there was legal value because Heye agreed to follow the terms of the employee handbook on March 1999, in return she would be hired as an employee. AGC did not have a duty to hire Heye and Heye did not have to follow the handbook, by trading these values it was considered the bargain between Heye and AGC. Conclusion No the consideration was not enforceable because it did not meet the elements of consideration. AGC was able to not follow promises on its contract of arbitration at will, but Heye was forced to do so, which made the AGC policy an illusory promise....
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This note was uploaded on 03/28/2012 for the course BLAW 280 taught by Professor Ng during the Spring '11 term at CSU Northridge.

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