BUL 4310 Florida International Enforceable Contract Ticket DiscussionCourse
Florida International UniversityDepartment
Read the attached contract. MOUNT-SINAI.pdf
1. Is this a contract?
2. Provide an analysis based on your knowledge of contract formation (which should address all aspects of contract formation and any possible defenses).
3. Reply to two classmates.
By Angelina Rodriguez
Hi group members,
I do believe that this Mount Sinai building Parking Pass is a type of contract.
It states in the textbook, that a contract “is an agreement that can be enforced by court,” where each consent to the terms of the contract. In this case of the parking pass, once a person in the car retrieves the parking pass, they are engaging in the contract that they, the holder, must only park one automobile in the parking area. They are in “acceptance” of the offeror and understand that the Mount Sinai licensor is not liable if anything happens to the vehicle. It is up to the holder of the contract now to make sure that the vehicle is locked and safe.
I believe that this parking pass is part of common law and relates to the service part of the division because the parking garage is offering a service. This parking contract definitely demonstrates an offer and acceptance. The offer was allowing the new holder of the parking pass to park a vehicle in the building and accepting that there will be a fee for it. Also, the holder is risking theft, fire, or something else but the offeror will not be liable for anything that happens. Due to the fee and liabilities, there is definitely consideration and contractual capacity.
And at the end of the day no one is doing anything they do not agree with. The offeror is agreeing to the contract and those who accept or do not want to accept the terms then it is up to them to park there or not. This is a bilateral contract where both sides make promises. The offeror is promising to give a parking spot while the offeree promises to understand that the offeror is not liable for any damages to the car and to pay a possible fee. For bilateral contracts no performance is necessary and just the acknowledgement of each other’s’ promises are necessary.Overall, this parking pass is a contract because it is an agreement between the car owner and the parking building that all parking is by permit only, that the garage is not liable for any damages, and that the offeree is allowed to park there with this pass.
Cross, Frank B, and Roger LeRoy Miller. The Legal Environment of Business. 11th ed., Cengage, 2021.
by Diana Cardoza
Yes, I do believe that the parking ticket is a contract. Not only does it state it specifically on it, but you are also agreeing to the terms listed on the parking ticket.
As we all know, in order for something to be a valid contract it must meet five requirements. Those five requirements are offer/acceptance, consideration, contractual capacity, legality, and it must have no defenses. The parking ticket is offered to you once you pay for it, and therefore you are accepting its offer. The consideration is the money that you paid for the parking ticket, hence, you gave them the money and they gave you a parking ticket that will allow you to park in a specific area. Contractual capacity is the ability of a person to enter into a contract. In this situation, both parties are capable of it. When is comes to legality, we must ensure that the contracts purpose is legal and not something against public policy. The parking ticket is stating that this contract is limiting their liability. The ticket is granting you access to park your car at your own risk and to ensure that you lock your car. Mount Sinai is not responsible for any damage or theft done to your car. As of right now, there are no defenses for this particular parking ticket. Therefore this meets all requirements to be a valid contract.
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