1. Mark applied and was accepted to Vangard School of Medicine. Anne, his aunt, said: "Mark, I am so happy you have chosen to attend Vangard School of Medicine! I will pay your tuition for the first year." In reliance, Mark did not apply for financial aid. Before the start of the semester, Anne lost her job and could not pay Mark 's tuition.
Anne’s promise to pay Mark’s tuition for the first year is not enough to constitute consideration to form a valid contract. However, her promise maybe still be enforceable under the Doctrine of promissory estopple. Under Restatement of Contracts 2d, section 90, a promise is enforceable without consideration if a promise, which the promisor should reasonably expect to induce an action, or forbearance on …show more content…
For a contract to be valid there must be an offer and acceptance. UCC section 2-206 states that an offer to make a contract for the sale of goods shall be construed as inviting acceptance in any manner and by any medium reasonable in the circumstances, unless otherwise unambiguously indicated by the language or circumstances. Here, Brandy’s call to Susie would be considered an offer, which was accepted when Susie immediately ordered the materials to begin manufacturing Bandy’s order. The facts do not indicate that a specific means of acceptance was indicated. Therefore, Brandy breached the contract, and Susie is entitled to recover the amount lost on ordering the material, under the Doctrine of part performance.
4. On June 1st, Brandy called Susie to place an order for 1000 widgets at $10.00 each. Brandy told Susie to manufacture 250 red widgets, 250 blue widgets, 250 yellow widgets, and 250 green widgets. Delivery was set for September 1st. On August 20th, Susie informed Brandy that half the order would not be ready in time for the September 1st delivery. Brandy frantically sought, and found another manufacturer who could fill the remaining order in time. However, the price was $12.00 each widget. With no other options, Brandy ordered the remaining 500 widgets at $12.00 each for September 1st
Anne’s promise to pay Mark’s tuition for the first year is not enough to constitute consideration to form a valid contract. However, her promise maybe still be enforceable under the Doctrine of promissory estopple. Under Restatement of Contracts 2d, section 90, a promise is enforceable without consideration if a promise, which the promisor should reasonably expect to induce an action, or forbearance on …show more content…
For a contract to be valid there must be an offer and acceptance. UCC section 2-206 states that an offer to make a contract for the sale of goods shall be construed as inviting acceptance in any manner and by any medium reasonable in the circumstances, unless otherwise unambiguously indicated by the language or circumstances. Here, Brandy’s call to Susie would be considered an offer, which was accepted when Susie immediately ordered the materials to begin manufacturing Bandy’s order. The facts do not indicate that a specific means of acceptance was indicated. Therefore, Brandy breached the contract, and Susie is entitled to recover the amount lost on ordering the material, under the Doctrine of part performance.
4. On June 1st, Brandy called Susie to place an order for 1000 widgets at $10.00 each. Brandy told Susie to manufacture 250 red widgets, 250 blue widgets, 250 yellow widgets, and 250 green widgets. Delivery was set for September 1st. On August 20th, Susie informed Brandy that half the order would not be ready in time for the September 1st delivery. Brandy frantically sought, and found another manufacturer who could fill the remaining order in time. However, the price was $12.00 each widget. With no other options, Brandy ordered the remaining 500 widgets at $12.00 each for September 1st