Element and defense application

Assignment Help Business Law and Ethics

Reference no: EM133200455 , Length: 12 pages

Question: Stacey Smith owns a lot in the hills of Pennsylvania and wants to build a house according to a particular set of plans and specifications. She solicits bids from bidding contractors and receives 2 bids: one from Carlton for $260,000 and one from Feldberg for $258,000. One night, while having a drink with friends during happy hour, Stacy is telling her friends about her desire to build this home and her uncertainty of the costs associated with the project. Siegel, although laughing with others at the table, had heard Stacey's story and leaned across the table and said, "you are being taken for a ride because you are a lady. If you let me, I will build your house for half of that price, no more than $125,000!" Delighted, Stacy jumps on the offer and says I accept. I will have money for you tomorrow to get started. The next day Siegel shows up at the property and Stacey pays him a $100,000 down payment to cover most of the construction costs One month after beginning construction of the house, Siegel contacts Smith and tells her that because of inflation and a recent price hike for materials, he will not complete the construction unless Smith agrees to pay an extra $150,000. Smith reluctantly agrees to pay the additional sum. 4 months later Smith has an unfortunate accident resulting in her death. Stacy's only son, Tom wants the construction completed.

Is there a valid contract between Stacey & Siegel? Is Siegel obligated to complete the project, and at what price? Focus on Offer, Acceptance and Consideration, the sub elements for these rules and defenses which exist. We will cover capacity/legality and mistakes and fraud in future discussions.

ISSUE Post in a single sentence identify the legal theory which is the subject of this fact pattern, the parties involved and the fact which prompts the raising of the legal theory

RULE Statement Provide a general rule Provide the elements for the rule (Contracts tend to have detailed elements and therefor this rule statement might need several paragraphs) Provide defenses or exceptions. Do not include facts or prior case law

Analysis, fact summary & Conclusion Post

Criteria
Rule, element and defense application

General Rule & elements or defense applied to specific facts

Prior Case Law application
Use of prior case law to help explain the application of the rules to these facts. Requires more than a mention of the case. How is this case similar or different.

Good, Improvements, Explanation

Conclusion Single sentence answering question raised in issue statement along with a because or why statement.

Summary Provide paraphrased fact summary of sufficient detail to allow a full discussion

Attachment:- Conclusion Post.rar

Reference no: EM133200455

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