BUSINESS LAW
Did Jennifer, who wants to organize a surprise party for her grandparent’s 50th wedding anniversary celebrations on date 4th April agree with Timmy, who is a professional DJ? Is there any enforceable contract between the two parties which restricts Jennifer from terminating the contract before its expiry or even maturity?
There is no enforceable contract between Jennifer and DJ Timmy. c ‘No special promise to be by any person to answer for any debt, default or miscarriage for another person, being in writing and signed by the party to be charged in addition to that, or some other person by him thereunto lawfully authorized, shall be deemed to support that action, suit, or another proceeding to charge the person by whom by whom such promise does not appear in writing, or by necessary inference from a written document.’ Contract binding only if it has written document as evidence, there must be a considerable agreement between the promisor and the person receiving the offer. There must be an offer and acceptance of the offer between the two parties who have an obligation of making the party lively and exciting (Allen et al. .2018.p.174). For the two parties to make an enforceable contract which have mandatory compliance and if a failure occurs or violation of rule there is compensation, they should have a meeting and come up with an agreement through writing or oral and make it enforceable since not all valid understanding are applicable in a court of law.
Jennifer, who was planning to make her grandparents’ party which was to be colorful. She wanted to make it bright by hiring a professional DJ. They had an email conversation about planning about the event, but they did not come into an agreement since Jennifer did not confirm or reply to the last mail from Timmy. It indicates that they did not go into an agreement, which might have led to the signing of an enforceable contract. Jennifer did not confirm the offer from the Dj of the good collations of Latin style music, which she had requested. She heard of a friend who was to offer the service for free before she had confirmed to the Dj.
There is no enforceable contract between Jennifer and Dj Timmy because a business contract is guided by the common rule which has term and considering according to the rule of law.it could be enforceable if they had signed a valid and legal contract.
Is it relevant to prevent Jennifer from baking her cake and do away with the one from Yummy cakes? This is for the preparation of the grandparents’ 50th-anniversary wedding, which was to be held on 4th April.
Promissory estoppel is relevant to Jennifer’s dispute with Stevie from Yummy cakes. Akai pty v people’s insurance states ‘where there is no expressed connecting factor their issue becomes whether there is to be implied any restraint upon the universal application of the law.’ One can not go back to the promise, and the offeror can compensate the offeree if the damage occurs, but this is done by the support of legal agreement between the two parties (Miller 2016.p 125-139). There must be a valid contract between the offeror and the offeree based on legal consideration.
Jennifer had promised Stevie of Yummy cakes that she wanted a cake with Latin style decoration. They had discussed the matter in detail and come to an agreement for the cake to be made though they had not concluded everything. Later the promisor, Jennifer, thought about the cost of the cake, and it was higher than her capability. Since she could not afford the cake, she decided to bake for herself and terminated the contract before even maturity and shared with Stevie who furious about the matter since he had invested in baking the cake with decoration, which was not only costly but also unique to get another client for compensation.
Jennifer had promised tender of cake baking and decoration to Stevie of Yummy cakes, but she changed the agreed deal and decided to make her cake, which was relatively cheaper as compared to the one she had ordered. Since she had ordered promissory estoppel is relevant to the case, and she will have to compensate for the loss incurred according to the rule of the common law.
Did Albert, who is a cousin to Jennifer, agree to help in the decoration of their grandparents’ party by putting up balloons and streamers. Did the two parties make a bargain of any exchange or make any valid and enforceable contract through guidance by the rule of the common law.
There is no enforceable contract between Albert and Jennifer Alice v. Robett Mfg. Co., 328 F. Supp. 1377, 1378 (ND Ga. 1970) (“The right to recover for the unlawful interference with the performance of a contract presupposes the existence of a valid and enforceable contract.”). That for a contract to be binding, the two parties should have agreed in writing or orally. Karl N. Llewellyn (1940) explains that charity subscription is not included in enforceable contracts. The two parties should have a considerable agreement, which is based on the capability of the promisor in most cases. Restrictions of violating the rule are made according to the provisions of the common law. Promisor should give an offer to the offeree who has to accept the offer in return (Morabito, 2018.p.178-211). Offeree should be promised something valuable for the compensation of service or in the back of the promise according to the agreement.
Albert, who was a cousin to Jennifer once requested by her cousin to help in the decoration of their grandparents’ party by putting balloons and streamers but was not willing to do so without pay. Jennifer reminded him that she had assisted him earlier in college assignment, and he had to pay back. Jennifer fills that she has to be paid, and yet she had not entered in such a contract with Albert, who, in turn, takes the assistance from her cousin as a gift, which is not payable. If she was to be paid, they should have signed a valid and enforceable contract since not all valid agreements are binding in a court of law or through any other ways of compensation. The promisor did not mind to put down some firm policy with the Albert.
Since there is no valid and enforceable contract between the two parties who did not make any agreement when Jennifer was assisting him in college assignment, there should be no binding contract between the two. The Court of law cannot force him to help in the decoration since there is no reliable evidence that can be considered.
Is Bobby the uncle to Jennifer entitled $50? Which was to be given to her daughter if she accepted the offer from the promisor to set up the party. Is there any payable contract which can be considered if Jennifer fails to pay him?
Bobby can not only be entitled to money.
JB Sales – Tex. Tech L. Rev. (1991)Identifying the cause of action, defining its elements, and allocating the burden of proof are fundamental prerequisites to pleading and preparing any cause of action for trial. In most areas of the law, this process is remarkably straightforward and well crystallized. Hence one cannot receive payment from the promisor without given n offer and coming into an agreement. If only was the one who was promised the pay for the appreciation of the job done. He accepted the proposal, which was not offered to him. Since they had not entered any agreement with the promisor, he cannot claim anything because he has no reliable evidence which can defend him in a court of law (Di Lieto and Treisman 2018.p162-183). According to the rule of the common law, the daughter is the one who has entitled the money but not Bobby.
Jennifer, who became desperate after Albert refused to help him in the decoration. She tried to reach all the other cousins to help him accomplish her mission of preparation for a colorful party for their grandparents’ on date 4th April. In response, bobby sees the message from her daughters’ phone, and she is willing to do the duty for the payment, which was offered to her daughter by Jennifer. Since the offer was not given to bobby but she and her daughter had not accepted it
Bobby cannot be entitled that amount of money because Jennifer had some consideration of allocating that particular amount to the cousin who was willing to help in the decoration, keeping in mind that Albeit who was also a cousin to Jennifer was not to be paid anything for the same offer.
Work cited
Miller, Roger LeRoy. Business Law Today, Comprehensive. Cengage Learning, 2016.
Allen, Dominique, and Alysia Blackham. “Confidentiality and Settlement: Uncovering the Hidden Secrets of the Enforcement of Equality Law in Australia and the UK.” Berkeley Comparative Equality & Anti-Discrimination Law Study Group 2018 Conference at Melbourne Law School at the University of Melbourne. 2018.
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Clack, Christopher D., Vikram A. Bakshi, and Lee Braine. “Smart contract templates: foundations, design landscape and research directions.” arXiv preprint arXiv:1608.00771 (2016).
Hsu, Alexander. “Contracts: A Question of Consideration: Medical Staff Bylaws as an Enforceable Contract-Medical Staff of Avera Marshall Regional Medical Center v. Avera Marshall.” Mitchell Hamline L. Rev. 42 (2016): 387.
Remedies.” Tex. Tech L. Rev. 22 (1991): 123.
Seymour, Mark. “(19-045) DE Battista v Minister for Planning and Environment [2019] NSWCA 237.” Environmental Law Reporter 38.19-044/19-048 (2019): 2.
Ghazali, N. A., et al. “Concept of Valid Contract Declaration of Waqf Property in Islamic Law.” Journal of Fatwa Management and Research (2019): 181-206
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