Eastern Oregon University Business Law QuestionsSchool

Eastern Oregon University Business Law QuestionsSchool

Eastern Oregon University Business Law QuestionsSchool

Eastern Oregon University

Question Description

I.Larry signs a three month’s subscription with Dinner Delivery, a small company that provides meals delivered to your home. Larry prepays $300 for the first month of service and agrees to pay $300 at the end of each of the following two months. Three weeks into his subscription with Dinner Delivery, Larry is reassigned to his employer’s corporate headquarters in Chicago, 450 miles away. Before moving,Larry sublets his apartment to his friend Norma Peterson.After Norma moves into the apartment, she is pleasantly surprised by the regular delivery of hot meals just as she gets home from work. She continues to receive the meals while Dinner Delivery sends the monthly bill to Larry.Unfortunately, a day after arriving in Chicago, Larry was hit by a city bus while crossing the street and died instantly.

At the end of the third month, Dinner Delivery discovers that Norma has been living in the apartment and enjoying the meals Dinner Delivery has delivered. Frustrated by its inability to collect from Larry, Dinner Delivery bills Norma $600 for the two months of meal deliveries. Norma refuses to pay and Dinner Delivery sues to collect the $600.

1. Apply the elements of the offer, acceptance and consideration to determine if Dinner Delivery has a contractual relationship with Norma Peterson that would allow Dinner Delivery to sue for Norma for breach of contract?

2. Describe, in detail, any other legal theories that Dinner Delivery might assert to against Norma collect the $600?

II. Pleasant Painting has been trying to increase its business by identifying homes in the community that need painting and having its estimator, Micah Deel, provide homeowners with offers to paint their houses. Micah spends a half hour at Tom Flint’s house and determines that Pleasant Painting could paint Tom’s house for $3900. When Micah presents the offer to Tom, Tom tries to negotiate for a lower price by saying he would pay $3500. Micah tells Tom that he needs to speak with his boss before authorizing such a price. After Michael leaves, Tom contacts two other painters for estimates and discovers that neither will paint his house for less than $5000. Anxious to get his house painted, Tom sends Micah a text message that agrees to pay Pleasant Painting $3900 to paint his house.

3. Does the common law of contracts or the Uniform Commercial Code control the nature of any agreement that might have been created between Pleasant Painting and Tom Flint? Explain your answer.

4. Has Tom Flint created a contract with Pleasant Painting to have his house painted for $3900? Explain your answer.

III.Roxanne Thunder has always regretted her purchase of a $250,000 Albanian sports car. While stylish, the car often has mechanical problems and as a result, has left Roxanne in some embarrassing situations. One morning, while running late for a very important business meeting, Roxanne has trouble starting her car which is parked in the driveway. Her neighbor, Dolly Trump, sees that Roxanne is having trouble and goes over to offer her assistance. When Roxanne sees Dolly approaching, she gets out of her car and proclaims that she will “sell this worthless piece of Albanian #!!* to the first person who gives her a hundred dollar bill”. Startled, Dolly tries to console Roxanne by offering her a ride. When Roxanne gets into Dolly’s car, Dolly hands her a $100 bill and demands title to Roxanne’s Albanian sports car.

5. Does the common law of contracts or the Uniform Commercial Code control the nature of any agreement that might have been created between Dolly and Roxanne? Explain your answer.

6. Did Roxanne make a bilateral offer or a unilateral offer to sell her car? Explain your answer.

7. When Dolly sues for breach of contract, Roxanne argues that she never made an effective offer to sell the car. Given the nature of the exchange between Roxanne and Dolly, did Roxanne make an effective offer, one that created a power of acceptance in Dolly? Explain your answer.

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