preview

The And The Dynamic Business Law Ebook

Decent Essays

According to the Dynamic Business Law eBook; the four elements to a contract are Agreement, Consideration, Capacity and legality. The first element of Agreement would be deemed to exist if an offer is made and accepted creating a mutual agreement between the parties. An offer establishes criteria set by the “offeror”, usually referred as terms and conditions to another party, the “offeree” this is the first step in creating a contract. The second element of Consideration would be deemed to exist if “something” is negotiated by the promisor from the promise in return for signing or agreeing to the terms of the contract. The third element of Capacity would be deemed to exist if the parties are in sound mind and body, and over the age of consent. The fourth element of legality would be deemed to exist if they have a legal object, meaning the parties purpose of entering into a contract should be legal and follow the state and/or federal laws. (Kubasek, 2015, p. 305) I believe in this case the contract between Sam and the store manager lacks consideration and the proper form specifying crucial details. Specifically what Sam will get in return for the 1000 barking devices The Store manager may have asked for 1000 units, and Sam may have agreed to be able to ship them immediately. However, there really is no mention of any other terms discussed, such as price per unit or when Sam could expect payment. In this case, a quasi-contract doesn’t fit because the lack of terms in the

Get Access