Samuel v. Marcus
Preliminary negotiations
Preliminary negotiations are merely an invitation to deal.
In January, Marcus contact Samuel to secure a condo in Hawaii for July 1,2,3,4, & 5th for his corporate annual meeting and party.
Thus, Marcus was inviting Samuel to negotiate a deal to secure a condo.
Offer
An offer is an outward manifestation of present contractual intent to be bound by contractual agreement with definite and certain terms communicated to the offeree.
Marcus called Samuel to secure a condo in Hawaii for July 1,2,3,4 &5th for his corporate meeting and a party. Samuel advised Marcus that only a 5-bedroom condo was available at $2,000 per day. Thus, Samuel demonstrated language indicating his outward manifestation of …show more content…
Marcus was given a special price of $1,500 because he was considered a good customer, with the condition he only use one bedroom. The regular cost without the 1-bedroom condition is $2,000. Since the condition was breached, Samuel will be able to recover based on the $2,000.00 per night price.
Samuel v. Thomas
Are the rights assignable
Contract rights are assignable if they are not too personal or prohibited by contract.
Marcus will contend that the contract right to be assigned was the right to rent the condo in Hawaii, for the reserved dates, from Samuel which was not too personal to assign.
Therefore, the right to rent the condo was not to personal in nature to assign.
Further, there are no facts to support the contract was prohibited from being assigned. Thus, Marcus had the power to assign his rights to Thomas.
Has there been a valid Present Assignment?
An assignment requires a present intention to transfer existing rights from the assignor to the assignee.
Marcus offered the house to Thomas, for the dates he reserved with Samuel. Thomas accepted and stayed in the condo for 5 days. Marcus allowing Thomas to stay in the condo for his reserved dates and informing him to request the bill from Samuel, shows his present intent to transfer existing rights to
Preliminary negotiations
Preliminary negotiations are merely an invitation to deal.
In January, Marcus contact Samuel to secure a condo in Hawaii for July 1,2,3,4, & 5th for his corporate annual meeting and party.
Thus, Marcus was inviting Samuel to negotiate a deal to secure a condo.
Offer
An offer is an outward manifestation of present contractual intent to be bound by contractual agreement with definite and certain terms communicated to the offeree.
Marcus called Samuel to secure a condo in Hawaii for July 1,2,3,4 &5th for his corporate meeting and a party. Samuel advised Marcus that only a 5-bedroom condo was available at $2,000 per day. Thus, Samuel demonstrated language indicating his outward manifestation of …show more content…
Marcus was given a special price of $1,500 because he was considered a good customer, with the condition he only use one bedroom. The regular cost without the 1-bedroom condition is $2,000. Since the condition was breached, Samuel will be able to recover based on the $2,000.00 per night price.
Samuel v. Thomas
Are the rights assignable
Contract rights are assignable if they are not too personal or prohibited by contract.
Marcus will contend that the contract right to be assigned was the right to rent the condo in Hawaii, for the reserved dates, from Samuel which was not too personal to assign.
Therefore, the right to rent the condo was not to personal in nature to assign.
Further, there are no facts to support the contract was prohibited from being assigned. Thus, Marcus had the power to assign his rights to Thomas.
Has there been a valid Present Assignment?
An assignment requires a present intention to transfer existing rights from the assignor to the assignee.
Marcus offered the house to Thomas, for the dates he reserved with Samuel. Thomas accepted and stayed in the condo for 5 days. Marcus allowing Thomas to stay in the condo for his reserved dates and informing him to request the bill from Samuel, shows his present intent to transfer existing rights to