INSTRUCTIONS: Read the following case study. Your answer must start with a decis

Question

INSTRUCTIONS: Read the following case study.  Your answer must start with a decision on the case.  Make certain you provide a complete reason in defense of your answer.

Contract?

Ed, a businessperson, is a friend of Fran - the owner of a Percolated Coffee & Baked Goods store. Every weekday morning, Ed spends about five minutes in Fran’s store. Typically, he looks over the display cases of baked goods, and usually purchases (and pays for) one or two cinnamon buns or bagels. One afternoon, Ed stopped by Fran’s store, looked over the items in the display case, picked up a $1 chocolate brownie, smiled and waved the brownie at Fran, and left the store without saying a word or paying for the brownie. Is there a contract between Ed and Fran? If not, why not? If you believe there is a contract, explain how it would be classified in terms of the contract concepts of formation, performance, and enforceability. What additional facts would you need to know? Why?

Explanation / Answer

No there is no contract between Ed and Fran because of lack of any form of consideration from Ed. Such an arrangement is not enforceable by law, and neither or the parties are liable to perform.

In order to understand the legal implication of the case we need to understand if there is a consideration paid by Ed in any other form.

Related Questions

Navigate

• Browse (All)
• Browse I
• Subjects

Integrity-first tutoring: explanations and feedback only — we do not complete graded work. Learn more.