These questions cover Chapters 13 through 16

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These questions cover Chapters 13 through 16

Please click on the above link to submit a short answer to each of the questions below.  This is a graded forum so, please, also react via posting to your fellow classmates’ responses.  Remember, you need to post your own answers first before you can see your classmates’ responses.

Q#1:  Katie mows her own yard to save money. Her neighbor Jonah, however, hires a lawn service to mow his yard. One day, as Katie is looking out of the window, Jonah’s lawn service drives up. To her surprise, they begin to mow her yard, not Jonah’s yard. Katie thinks that is great and keeps her mouth shut while they mow the yard. Later, she gets a bill. She calls the owner of the lawn service and says that she does not have to pay because there was not a contract in place where she agreed to have her yard mowed. The lawn service says that she is liable for the full amount of its contract. Discuss whether the lawn service is entitled to any recovery, and why or why not.

Q#2:  At the local diner, Thomas and Lewis are negotiating the sale of a piece of property that Thomas owns. This particular piece of property is a highly sought after piece of property in town. As the two are negotiating the price of the property, Dorothy, Lewis’s friend who is sitting at a table with them accepts the offer. Is there a valid contract between anyone seated at the table? Explain why or why not.

Q#3:  John and Sheridan enter into a contract whereas Sheridan hires John to cater her wedding for $15 a plate per person. On the day of her wedding, John decides that he wants more money and calls Sheridan and tells her that to cater her wedding, he now wants $20 a plate per person. Desperate, Sheridan agrees. Does Sheridan now owe the $20 a plate? Or does she owe John only $15 a plate? Explain your answer.

Q#4:  Maurice is purchasing a bowling alley called Stay in Your Lane from Vlad. The two sign a covenant not to compete prohibiting Vlad from opening a bowling alley within 25 miles of Stay in Your Lane for one year. Assuming that the covenant was drafted properly, is it likely to be enforced, and why or why not?


The lawn service company may or may not be entitled to recovery, I will argue both points. In the event that the lawn service company may be entitled to recovery would be under the terms of unjust enrichment and possibly fraud. The fact that Katie received a benefit, to the detriment of the lawn company, in where she would have otherwise performed the services herself which normally requires time and money, would be unjust if the lawn service company isn’t compensated properly. A claim against fraud may be established since Katie was aware of the services that was being performed since the inception yet did not stop them from performing the work, and did not expect to compensate them then this can be a fraudulent act.


However Katie can also argue that for a claim to be held for a fraudulent charge it must fall under the Statute of Fraud defense, which requires that any services of sales of good has to be in writing if it is over $500 in value, here the lawn company can say partial performance/full was done and the services was not over $500. Katie can also state that this was a unliteral mistake on behalf of the lawn company tit excludes her from performing.

At the moment there is no valid contract between anyone at the table. In order for parties to have a valid contract a 1. Offer 2. Acceptance and 3. Consideration must be given. A mere negotiation between parties thus not constitute as an offer, regardless if it is in writing or verbal. Furthermore for a land sale contract this requires it to be in writing unless partial payment and possession has been done, nothing here appears to show this. Consideration, even if a dollar amount under the ‘peppercorn theory’ would be valid, the fact pattern does not provide this. Thus acceptance, even if here was by a 3rd party, would be invalid and not enforceable.

These questions cover Chapters 13 through 16

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