Is Pattrick correct? Does Derek have any potential defenses? In your reading for this week, you learned about the four basic elements of contract enforceability.
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Business Case Problem 1:
Derek was laid off from his IT job in May due to a drinking problem, and decides he will start a lawn mowing business to earn income while he looks for another job. He starts by door knocking in his neighborhood, and several neighbors agree to pay him to mow their lawns for the summer. One day, after a few drinks, Derek notices that the lawn across his street is unusually long, and so he approaches the homeowner Pattrick. He asks Pattrick if he would like for Derek to mow his lawn every two weeks on Fridays. Pattrick says that he would prefer for Derrek to mow his lawn every week on Monday’s through August, and every two weeks on Monday until October. Derek agrees. There is no written agreement. Derek mows Pattrick’s lawn dutifully for several weeks and then gets a new job in the IT sector. He tells Pattrick that he will no longer be mowing the lawn, since he has a new job. Patrick says that Derek is contractually obligated to continue mowing the lawn through October. Is Pattrick correct? Does Derek have any potential defenses? In your reading for this week, you learned about the four basic elements of contract enforceability. Apply each element to these facts. What additional information would be helpful for you to know?
Business Case Problem 2:
A year after Derek and Pattrick’s dispute, they become friends again. One day, Pattrick and Derek are perusing used vehicles on Craigslist, and they find Pattrick’s dream car, a 1999 Mustang Convertible, for $7,000. Derek convinces Pattrick to buy the car. Pattrick reluctantly calls up the seller, Parker, and requests to make payments over the next 36 months. Parker agrees. Unfortunately, Pattrick runs into financial difficulties and stops making payments. Parker shows up at Pattrick’s residence one day while Derek and Pattrick are in the backyard grilling. Derek has enjoyed taking joyrides in the Mustang and tells Parker that he will personally make payments until Pattrick can start paying again. Derek dutifully makes payments for several months and then stops. Parker sues Derek. Will Parker prevail? Why or why not? What additional information would be helpful for you to have? Find a rule from your assigned reading from this week. State the rule and elements. Apply the elements of the rule to this fact pattern.
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