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people cannot resolve their disputes amongst themselves, our court system is the ultimate decider. However, that takes people in the court system to make a
people cannot resolve their disputes amongst themselves, our court system is the ultimate decider. However, that takes people in the court system to make a decision. In North Carolina, if you have a claim for money owed under $10,000, you can make a claim in small claims court which is heard before a magistrate. Discuss the following situation: Since it takes at least two parties to form a contract, and two parties often can view the same set of facts differently, there are often situations in which one party believes a contract has been formed, and the other party does not believe (or after the fact, want to believe) that a contract has been formed. Take the following example: Four friends, Albert, Brian, Chad, and Damon, are reminiscing about their younger days, and how they used to mow lawns to make money during the summer. The friends are all at Albert's house, which has a very small lawn in the backyard with very high grass that Albert's neighbors always complain to Albert that he should mow.Unbeknownst to everyone else, Brian is now broke and desperately in need of money. For most of the time, the four friends are at Albert's house joking around with each other. As is usually the case with these friends, the conversation jumps around from the serious to the sarcastic. A rainstorm suddenly approaches as the conversation turns more serious. As the friends are talking about serious problems with their children, Albert changes the topic of the conversation. Albert starts to chuckle out of nowhere, smiles, and says to Brian, "You used to be so good at mowing lawns, and we used to mow lawns no matter what the weather." Albert then adds, "I'd give you fifty dollars if you went outside and mowed my yard right now so we all could see you crank up that old mower for old time's sake." Brian immediately grabs Albert's small and old lawn mower, and proceeds to completely mow the small yard in about 3 minutes while everyone else is watching, and everyone, including Brian, is laughing. Two weeks later, Brian shows up at Albert's house and demands that Albert pay him $50. Albert says, "Dude, everybody knew I was joking. The grass in my backyard isn't even big enough to count as a lawn. You really want my $50?" Brian says, "You sounded serious to me, give me my money." Albert refuses, so Brian walks down to the Robeson County Courthouse and files a small claims action against Albert for money owed. .1. 1) You are Albert. You are now standing in front of the small claims magistrate. What would you argue to convince the magistrate that you don't owe Brian the money? (You may want to point out certain passages in the book to help in your argument.) 2) You are Brian. What would you argue to convince the magistrate that Albert owes you the money? (You may want to point out certain passages in the book to help in your argument.) 3) You are the magistrate who oversees small claims actions. You hear the arguments from both Albert and Brian. Chad and Damon both testify that while Albert is often sarcastic, sometimes he is serious, and they weren't sure whether he was being serious or sarcastic when he made the alleged offer. Albert testifies that he was being sarcastic when he made the alleged offer. Brian testifies that he thought Albert was being serious when the offer was made. Brian also testifies that he was serious in accepting the offer, and that he thought Albert wanted the small yard mowed for $50 so he wouldn't have to hear his neighbors continue to complain. As the magistrate, would you award Brian the money
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