Professional Documents
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A contract is a promise or a set of promises for the breach of which the law gives a
remedy or the performance of which the law in some way recognizes a duty.
. agreement
. consideration
. contractual capacity
. legal object
Brief case 1:
1. key facts:
- roberta offers to sell certain land to Emily. This offers is made by a letter, signed
by roberta and mailed on March 1, 1990.
- two week later, roberta sent Emily another letter in which she revoked her offer.
- on June 15, Emily received both letter and then she wrote to Roberta accepting
her offer of March 1.
2. Issue:
- discuss in detail whether there is a valid contract between Roberta and Emily.
Analysis case 1:
- the offer made between Roberta and Emily was invalid.firstly , in common law,
an offer can be so revoked even if the offeror promised to keep the offer open for a
longer time.In this case, roberta can revoked her offer even if she was stated that
the offer would be kept open. Secondly, an offeror may revoke an offer anytime
prior to its acceptance by the offeree. Cause emily had received both letter at the
same time so the recovery an offer by roberta was legal. This means there’s not a
valid contract between roberta and emily.
2 cases
The original ad was probably an offer for a unilateral contract because it was
specific and there would be no over acceptance problem. BETTY’S 42 offer could
be viewed as a separate offer and not intending to be a rejecting of the ability