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Contract Formation Discussion and Responses essay case study.
Contract Formation Discussion and Responses essay case study.
Order ID 53563633773 Type Essay Writer Level Masters Style APA Sources/References 4 Perfect Number of Pages to Order 5-10 Pages Description/Paper Instructions
Contract Formation Discussion and Responses essay case study.
Discussion 2
Tom, Stacey’s sole survivor and her very mature and intelligent 17-year-old son, who graduated from
essay
high school early and is a Senior in College, where he has completed his business law class. He wants tovContract Formation Discussion and Responses essay case study.
continue live in the new home under construction, but wants to turn the property into a horse breedingContract Formation Discussion and Responses essay case study.
ranch and build a 16 unit stable. He contacts Siegel who learns that Tom is about to graduate fromContract Formation Discussion and Responses essay case study.
college. As Siegel prepares the contract for Tom, he asks, “You are old enough to do this right?” Tomv
agrees he is a senior in college and signs an additional contract for the completion of a 16 unit stable for
Contract Formation Discussion and Responses essay case study.
$65,000, due upon completion. A year later the Stable Project is completed, and Siegel asks for his finalContract Formation Discussion and Responses essay case study.
payment of $65,000. Tom never replies, and finally Siegel files suit for recovery of his $65,000.
Do not discuss contract questions of Agreement – offer and acceptance, or
Consideration. Limit this discussion to legal theories covered in Chapters 14 & 15. (I’ve
shared it with you)Using F-IRAC consider the Contract Formation questions for this contract between Tom
& Siegel.RULE: In general, Capacity to enter into a contract is generally presumed with the exceptions for
youth, intoxication, and mental incompetence. Minors (usually age 18) may enter into contracts allowed
by law, but those contracts are voidable at option of the minor. Such contracts can be void by
disaffirmance, which is the avoidance of a contractual obligation and must be expressed in words or
conduct
not to be bound by any part of the contract. However, disaffirmance is not allowed in somecircumstances including misrepresentation of age. Simultaneously, mistake of material fact makes a
contract voidable, where unilateral mistake is generally enforceable unless the other party
knows or should have known the mistake was made or the error was due to significant
mathematical mistake. In those circumstances the mistaken party may avoid the
contract.Simultaneously, fraudulent inducement to enter a contract may be avoided by innocent party if
misrepresentation was of material fact, there was an intent to deceive and the innocent party relies
on misrepresentation and harm must occur due to misrepresentation.
Rule:
The court concluded that the contract between Tom and Siegel is not valid, although it was a writtenone, and Tom signed it because of the circumstances behind its making. Also, the judge explained that
signing an agreement does not make it automatically legal as the court must consider other factors
before the ruling is made. Consequently, the ruling found Siegel in the wrong because of how the
contract was made, and Tom was declared innocent. However, he had not paid the full amount since
Contract Formation Discussion and Responses essay case study.
before the law because he lacked the capacity of the contract since Tom was a minor when he signed it,Contract Formation Discussion and Responses essay case study.
making Siegel take all the blame.RULE: Due to the fact that minors are often deemed not as legally responsible as adults, their legal
v
decisions must often times be confirmed by an adult to be valid. In many states, minors do not possess
the right to be held in any enforceable or legally binding contracts until they are of the age of 18 years
old, unless they are legally emancipated or unless there is involvement of a parent or legal guardian of a
minor by co-signing a contract. Otherwise, the minor does not maintain capacity, therefore the contract
is considered invalid. In most cases, even if a minor involved in a contract never reveals or lies aboutContract Formation Discussion and Responses essay case study.
their age, the minor still lacks legal capacity and the contract is deemed voided. Mistake of age is
typically not an affirmative defense and can still invalidate the contract, even if the minor fraudulentlyContract Formation Discussion and Responses essay case study.
establishes themselves and what determines their legal status, knowingly falsifying themselves upon theContract Formation Discussion and Responses essay case study.
agreement. The disaffirmation of the suit of a breach of contract can be done by the minor for a limitedContract Formation Discussion and Responses essay case study.
amount of time. However, if the minor happens to turn the legal age without voiding or taking furtherContract Formation Discussion and Responses essay case study.
action of the contract, they lose their right to do so if the court allowed time period after turning 18 isexceeded. When a contract is void, the defendant is not liable to cover the costs for breach.
Contract Formation Discussion and Responses essay case study.
RUBRIC
QUALITY OF RESPONSE NO RESPONSE POOR / UNSATISFACTORY SATISFACTORY GOOD EXCELLENT Content (worth a maximum of 50% of the total points) Zero points: Student failed to submit the final paper. 20 points out of 50: The essay illustrates poor understanding of the relevant material by failing to address or incorrectly addressing the relevant content; failing to identify or inaccurately explaining/defining key concepts/ideas; ignoring or incorrectly explaining key points/claims and the reasoning behind them; and/or incorrectly or inappropriately using terminology; and elements of the response are lacking. 30 points out of 50: The essay illustrates a rudimentary understanding of the relevant material by mentioning but not full explaining the relevant content; identifying some of the key concepts/ideas though failing to fully or accurately explain many of them; using terminology, though sometimes inaccurately or inappropriately; and/or incorporating some key claims/points but failing to explain the reasoning behind them or doing so inaccurately. Elements of the required response may also be lacking. 40 points out of 50: The essay illustrates solid understanding of the relevant material by correctly addressing most of the relevant content; identifying and explaining most of the key concepts/ideas; using correct terminology; explaining the reasoning behind most of the key points/claims; and/or where necessary or useful, substantiating some points with accurate examples. The answer is complete. 50 points: The essay illustrates exemplary understanding of the relevant material by thoroughly and correctly addressing the relevant content; identifying and explaining all of the key concepts/ideas; using correct terminology explaining the reasoning behind key points/claims and substantiating, as necessary/useful, points with several accurate and illuminating examples. No aspects of the required answer are missing. Use of Sources (worth a maximum of 20% of the total points). Zero points: Student failed to include citations and/or references. Or the student failed to submit a final paper. 5 out 20 points: Sources are seldom cited to support statements and/or format of citations are not recognizable as APA 6th Edition format. There are major errors in the formation of the references and citations. And/or there is a major reliance on highly questionable. The Student fails to provide an adequate synthesis of research collected for the paper. 10 out 20 points: References to scholarly sources are occasionally given; many statements seem unsubstantiated. Frequent errors in APA 6th Edition format, leaving the reader confused about the source of the information. There are significant errors of the formation in the references and citations. And/or there is a significant use of highly questionable sources. 15 out 20 points: Credible Scholarly sources are used effectively support claims and are, for the most part, clear and fairly represented. APA 6th Edition is used with only a few minor errors. There are minor errors in reference and/or citations. And/or there is some use of questionable sources. 20 points: Credible scholarly sources are used to give compelling evidence to support claims and are clearly and fairly represented. APA 6th Edition format is used accurately and consistently. The student uses above the maximum required references in the development of the assignment. Grammar (worth maximum of 20% of total points) Zero points: Student failed to submit the final paper. 5 points out of 20: The paper does not communicate ideas/points clearly due to inappropriate use of terminology and vague language; thoughts and sentences are disjointed or incomprehensible; organization lacking; and/or numerous grammatical, spelling/punctuation errors 10 points out 20: The paper is often unclear and difficult to follow due to some inappropriate terminology and/or vague language; ideas may be fragmented, wandering and/or repetitive; poor organization; and/or some grammatical, spelling, punctuation errors 15 points out of 20: The paper is mostly clear as a result of appropriate use of terminology and minimal vagueness; no tangents and no repetition; fairly good organization; almost perfect grammar, spelling, punctuation, and word usage. 20 points: The paper is clear, concise, and a pleasure to read as a result of appropriate and precise use of terminology; total coherence of thoughts and presentation and logical organization; and the essay is error free. Structure of the Paper (worth 10% of total points) Zero points: Student failed to submit the final paper. 3 points out of 10: Student needs to develop better formatting skills. The paper omits significant structural elements required for and APA 6th edition paper. Formatting of the paper has major flaws. The paper does not conform to APA 6th edition requirements whatsoever. 5 points out of 10: Appearance of final paper demonstrates the student’s limited ability to format the paper. There are significant errors in formatting and/or the total omission of major components of an APA 6th edition paper. They can include the omission of the cover page, abstract, and page numbers. Additionally the page has major formatting issues with spacing or paragraph formation. Font size might not conform to size requirements. The student also significantly writes too large or too short of and paper 7 points out of 10: Research paper presents an above-average use of formatting skills. The paper has slight errors within the paper. This can include small errors or omissions with the cover page, abstract, page number, and headers. There could be also slight formatting issues with the document spacing or the font Additionally the paper might slightly exceed or undershoot the specific number of required written pages for the assignment. 10 points: Student provides a high-caliber, formatted paper. This includes an APA 6th edition cover page, abstract, page number, headers and is double spaced in 12’ Times Roman Font. Additionally, the paper conforms to the specific number of required written pages and neither goes over or under the specified length of the paper.
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