Caseworks on Negligence, Consumer Protection, Contract, and Equality (Coursework Sample)

Contract Law
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Problem 5.2 Answer
In this case, the collector’s claim that there was an enforceable contract between him and the offeror is void. An offer becomes a valid contract when both parties have agreed and signed on to the agreement. In this case, the Antique dealer had already sent the Collector a signed offer agreeing to sell the Stinky Pete doll to him for $3,750. The dealer made an offer and then terminated it after getting a better deal from someone else. The dealer had the right to sell the doll to anyone as long as the contract was not signed by both parties. Although the time given to the collector to accept the offer had not expired, there was no binding contract that would have restricted the Antique dealer to sell the doll to someone else.
On one side, the collector can argue that the time given to him to accept the offer had not expired, and therefore the dealer did not keep his word. The signed offer was sent on a Tuesday and the Collector had until Friday to accept the offer. Upon receiving the message, the Collector agreed to the dealer’s price and called the dealer on Wednesday accepting the offer only to be frustrated that the doll had already been sold. Further, the collector could argue that the contract was enforceable because it was bilateral where both parties had agreed to an obligation. While verbal agreements might be challenging to enforce, the antique dealer already communicated his intention to sell the doll to the collector and the signed message proves his willingness and commitment to honor the deal.
On the other hand, the dealer could argue that he had already revoked the offer before the offeree could accept, and therefore, the offer was terminated. The offeror (Antique dealer) had sent a definite message that the doll was already sold even before the offeree could accept. Therefore, there is no valid legal consideration in this case because both parties did not get into a contract. The offer was made but both parties did sign the contract and hence it was not valid. Therefore, the dealer did nothing wrong to go back on his word and terminate the offer. Conversely, there was no breach of contract, and therefore, the collector should not be compensated.
Problem 8.3 Answer
Kümmerbünd has a contractual obligation to play a concert at Club Now, a popular music venue, for a flat fee of $2,500. After signing the contract, Kümmerbünd suddenly refused to honor the terms of the contract by requesting more money. Although Club Now agreed to pay the extra $7,500 to Kümmerbünd making the total payment of $10,000 for the band to perform at the event, the promise is not legally enforceable. First, it’s important to note that Kümmerbünd had already agreed to perform for $2,500 and consequently entered into a binding contract. Secondly, there is a