Valid Contract Case Study

Contracts are promises, offers, and/or agreements made between two or more parties that becomes legally binding and enforcing (Kubasek, p.304). Regarding the situation of Sam Stevens, he created a new security protection inside his apartment, verbally agreed to have it sold from a chain supply store, and then was notified of eviction due to his security protection disturbing the surrounding neighbors. Between Sam and the store, there was never a signed contract made, but as stated above, Sam did speak with a manager at the store and verbal agreements and promises were made. The store would receive 1000 units of Sams product, directly from Sam himself, and then sell it to consumers from there store shelves. Between Sam and his landlord, Sams …show more content…
A valid contract has 4 elements, (1) two or more parties agree upon a settlement of promises and accepts the terms of the offer by each party, (2) consideration is in play, (3) capacity or the legal ability to enter a binding agreement is in place, and (4) there is a legal object in play. I feel this situation meets 3 out of the four elements. The elements I feel this meets are one, two, and four. I don’t feel this situation has the legal ability to enter a binding agreement simply because there is no evidence (other than both parties stating they spoke, discussed, and agreed) of the confirmation between Sam and the store. If Sam were to sue the store for harassment and mentioned that he did speak explicitly with a manager from the store promising to sell his products, the manager from that store can say that wasn’t true. If there were a recording or paper written down confirming this discussion, things would go a lot smoother. It could also go the other way around, the manager can state Sam promised to give the store 1000 units of his product and Sam could say he never made such a promise. This is why I feel the capacity element of a legal binding contract is missed, as far as this case