business law discussion 38

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Each of us makes promises all of the time, and most promises we keep, but some we don’t. The question this week focus on when a promise is – and is not – enforceable. Said differently, when will the law make a person keep a promise? Choose one of the scenarios below and explain whether or not you think that the promise made is enforceable. Make sure to think about the concepts of offer, acceptance, consideration, legality and capacity.

  • Uncle John promises his nephew that he will give the nephew $10,000 on his 18th birthday if the nephew doesn’t drink alcohol, smoke cigarettes, do illegal drugs, or engage in any immoral behaviors.
  • Bill asks Sally to marry him, and her answer is “yes”. Bill then sells his favorite sports car and pays upfront for a lavish wedding ceremony and a 3-week trip to Europe.
  • Keith agrees to transport ceramic figurines from Los Angeles to New York City in his moving truck. What he doesn’t know is that each figurine is filled packets of cocaine.
  • Maria and Jennifer are having drinks at a local bar, and both are a bit tipsy. As the night goes on, Maria asks Jennifer to trade Jennifer’s 3-carat diamond ring for Maria’s 1978 Ford Duster, and Jennifer agrees to the deal.

Be sure to respond to one of your peers post

SEcoND discussion

In some ways contracts can be very easy to enter into. In fact, we often enter into agreements simply by our actions.

For example, many businesses place small notices near their entryways warning that by entering the building you consent to video recording or by parking in a specific lot you agree that the lot owner is not liable should anything happen to your car (even if you paid to park there).

Are these agreements valid?

Should individuals be held to agreements even if they did not know about them?

Use specific details about contract formation and performance in your response.

Also be sure to respond to one of your peers post