Directions:

a.         Answer 4 of the following 8 questions (10 points each).

b.         Include your name on this page and save the file.

c.         Upload the completed file to the Blackboard Assignment section no later than 10:00 PM May 20, 2017

 

1.    Sam and Robin are adults. Sam tells Robin, “Let's gamble - I’ll flip this coin. If it’s heads I’ll buy your I-Pad for $1000. If it’s tails, you’ll sell it to me for $100.” Robin agrees and Sam flips the coin which comes up heads. Explain whether this agreement is a valid contract, a voidable contract, or a void agreement and why. Would your answer be different if Robin and Sam were minors? Explain.

 

2.    Explain the difference between a unilateral mistake and a bilateral (mutual) mistake by the parties to a contract and the effect that each type of mistake has on the enforceability of the agreement. Give an example of each type of mistake as part of your answer. Be sure your examples are not ones that are used in your textbook.

           

3.    Explain the difference between an intended beneficiary and an incidental beneficiary of a contract and explain the rights of each to sue to enforce the contract in the event of a breach of contract by one of the parties in privity. Discuss the meaning of “privity” and give an example of an intended and an incidental beneficiary as part of your answer. Be sure your examples are not ones that are used in your textbook.

 

4.    Explain why the non-breaching party is required to make a good faith effort to mitigate the damages resulting from a breach of contract by the other party. Give an example of an appropriate mitigation of damages. Be sure your example is not one that is used in your textbook.

 

5.    Explain the Statute of Frauds’ requirement for a contract in writing and how this has been modified to facility electronic commerce. Including a discussion of how the E-Sign Act and the Uniform Electronic Transactions Act (UETA) apply.

 

6.    Explain why a court will not grant a request for specific performance in the event of a breach of a personal service contract. Give an example of a personal service contract as part of your answer. Be sure your example is not one that is used in your textbook.

 

7.     Bob and Tom orally agree that Tom will restore Bob's 1957 Ford for $20,000.  No time frame is                    agreed upon.  Over a year later, Tom finally tells Bob that he is done, but demands $60,000 because   it took more effort than he originally anticipated.  Bob realizes that he no longer has the original            $20,000, and finds out the car was worthless to begin with, so simply claims there is no enforceable contract because he never signed anything.  Will the statute of frauds apply here? Why or why not?

 

8.    Skyler is selling items at a garage sale.  Walt walks up and immediately recognizes what he believes  to be an authentic Picasso worth $50,000.  Walt tries to play it cool and proclaims “Well, I suppose I  could put that crummy piece of art in my bathroom, although I'm sure it's worth nothing!”  Skyler  does not say anything to Walt, but knows the Picasso to be a fake only worth $50.  After some back and forth negotiating, she sells it to Walt for $500.  Walt immediately calls Saul and tries to sell him the artwork.  Saul examines the artwork and proclaims it to be a fake, but as they remove the panting from it's binding, they find $50,000 hidden behind it.  Skyler gets wind of this and is livid, and sues Walt for return of the painting and the $50,000.  Will she win?  Why or why not?

Remember to answer only 4 of these 8 questions. If you answer more than four, only the first four will be graded.