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?
JOHN'S SPECIAL NIGHT Agreement and Consideration It's that greatest night in John's life. John wants to take his special someone, Joan, to the nicest restaurant in Town, It must be the most romantic night of her Ine John calls up Chez Madeline and asks to speak to the owner He makes a reservation for a quiet table for two and axplains that he hopes to "Pop the question. The owner peing French knows how important this evening is to John and agrees to make John and Joan's favorite dish Beef Bourgogne. He also promises that they will be well taken care of from the moment they enter the restaurant Everything" he says will be cest magnifiquel John can hardly contain his excitement. Joan senses something is up when arrives at the door with roses. Joan knowing the restaurant to be very expensive looks at John axcitedly beginning to suspect something really important s about to happen. The Maitre D approaches the couple and speaks with John and after looking at the reservation book announces that they have no reservation John peginning to get crazy asks to have a word with the owner. The Maitre D says he is not at the restaurant this evening. John angry now, explains the arrangements that ne made with the owner earlier. The Maitre D is not really mpressed and after John slios him fifty dollars he says that if the couple will wait in the bar he will have something soon. Forty-Five minutes and thirty dollars Later the waiter announces that he has a table for John and Joan. Hoping to recapture the excitement of earlier John allows himself to relax and proceeds to a table for eight in the back of the restaurant next to the kitchen door. The waiter, also clueless to John's plans explains the menu only to announce that the Beef Bourgogne is not to be had. Frustrated and definitely no longer feeling that this experience was worthy to the occasion the pouple orders the fish special. It was dry and bland. The dessert was ok, but couldn't cure John's anger and disappointment. The waiter brings the bill. To pay or not to pay that is the question! Every time you engage in a business activity there is a contract at its heart. Even those activities like buying a cheeseburger, paying the paper boy or getting married have at their basis a contract. The foundation for most pommercial activity is the contract. Contract law shows what promises or commitments our society believes should be legally binding. Contract law also defines what Oxcuses our society will accept for breaking our promises. It further tells us what promises will be considered against the best interests of society as a whole or in legal words against public policy and therefore legally void. Selling your children is an example of one of those public policy no nos. We could not order our daily commercial activities without contracts. Agreement 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 local valve. Remember these ideas
