Has a contract been formed? If so, what kind? What are the rights of Phred and Irene?
1.Gordon telephones an order to Maggi’s store for certain goods,
which Maggi delivers to Gordon. Neither party says anything about
the price or payment terms. What are the legal obligations of
Gordon and Maggi?
2. Leo Landlord is the owner of the Super Club, which he leased
for two years to Taylor Tennant. During the period of the lease,
Taylor contracted with Paul Paver for the resurfacing of the access
and service areas of the supper club. Paul performed the work
satisfactorily. Leo knew about the contract and the performance of
the work. The work, including labor and materials, had a reasonable
value of $2,540, but Paul was never paid because Taylor went
bankrupt. Paul brought an action against Leo to recover the amount
owed to him by Taylor. Will Paul prevail? Explain.
3. Homeowner Howard writes to Seedy Sarah, stating “I’ll pay you
$150 if you reseed my lawn.” Sarah reseeds Howard’s lawn as
requested. Has a contract been formed? If so, what kind?
4. Phony Phred uses fraud to induce Innocent Irene to promise to
pay money in return for goods he has delivered to her. Has a
contract been formed? If so, what kind? What are the rights of
Phred and Irene?
5. Valerie Vista is about to buy a house on a hill. Prior to the
purchase she obtains a promise from Betty Blocker, the owner of the
adjacent property, that Betty will not build any structure that
would block Valerie’s view. In reliance on this promise Valerie
buys the house. Is Betty’s promise binding? Why or why not?
6. Mary Dobos was admitted to Boca Raton Community Hospital in
serious condition with an abdominal aneurysm. The hospital called
upon Nursing Care Services, Inc., to provide around-the-clock
nursing services for Mrs. Dobos. She received two weeks of
in-hospital care, forty-eight hours of postrelease care, and two
weeks of at-home care. The total bill was $3,723.90. Mrs. Dobos
refused to pay, and Nursing Care Services, Inc., brought an action
to recover. Mrs. Dobos maintained that she was not obligated to
render payment in that she never signed a written contract, nor did
she orally agree to be liable for the services. The necessity for
the services, reasonableness of the fee, and competency of the
nurses were undisputed. After Mrs. Dobos admitted that she or her
daughter authorized the forty-eight hours of postrelease care, the
trial court ordered compensation of $248 for that period. It did
not allow payment of the balance, and Nursing Care Services, Inc.,