Essay on Elements Of Contract And Course Of Dealing
November 01, 2016
Date: November 01, 2016
To: P. Strami, Attorney-at-law
From: Robyn Broadwater
Re: Elements of Contract and Course of Dealing
The first issue is whether a contract between Sonya and Camille exists. Strictly from the perspective of elements of contract, there likely is a valid contract. However, because the contract is subject to statute of frauds, it is not likely enforceable unless exception applies.
The basic elements of a valid contract are: (1) offer; (2) acceptance; and (3) consideration. Offer is an objective manifestation by the offeror to execute a contract which provides the power of acceptance to the offeree. (Miller, 2013). Acceptance is an objective manifestation by the offeree to accept the contract, thereby creating a legal and valid contract between the offeror and the offeree (Carlill v. Carbolic Smoke Ball Co., 1892). Lastly, a consideration exists by bargained-for-exchange between the offeror and offeree. (Labriola v. Pollard Group, Inc., 2004).
In this case, Camille presented Sonya with her order to sew a limited number (500) of hot pink and black machine knitted sweaters with a matching knit hat, which likely constitutes as an offer. Sonya accepted the offer by agreeing to make each sweaters and hats for $100 each. The consideration is that for…