Lucy vs Zehmer
greement and Consideration are essential elements of all contracts. In this exercise it important to remember why the element is so critical to forming a contract. The fact that promise has been made does not mean the promise can or will be enforced. Under Roman Law, a promise was not enforceable without some sort of “causa”-that is, a reason for making the promise that was also deemed to be a sufficient reason for enforcing it. Under common law, a primary basis for enforcement of the promise made in a contact is consideration. Consideration is usually defined as the value given in return for a promise or performance. The questions that usually come before the court often focus on what constitutes something of legal value” and what is considered enough legal value. Remember these ideas when seeking the answers to the issues set forth in the exercise spelled out below.
REVIEW “JOHN’S SPECIAL NIGHT case outlined by me in my “Weekly Session” comments for this week. Answer the following questions:
1. Does a contract exist between John and the owner of Chez Madeline? WHY OR WHY NOT? (Check for all the elements) If so what type of contract and why?
2. Assume that John has no initial contract with the owner does he ever have a contract? If so what type and why?
3. Does John have to pay the bill? Why or Why Not?
LUCY VS ZEHMER
http://onlinelaw.wustl.edu/blog/case-study-lucy-v-zehmer/
Do you think the court made a fair determination in this case? Would you suggest that the precedent be revisited by the court and changed given the age of the case? Explain. Support your answer with the material for this week. Also if you think it should be changed what would you suggest the change should be?
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