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Remember, the four key elements of a contract are offer, acceptance, consideration and intention. Be sure to discuss both the law and the facts and
Remember, the four key elements of a contract are offer, acceptance, consideration and intention. Be sure to discuss both the law and the facts and how they relate.
The Facts:
You work in a restaurant. One of your regular customers has purchased a lottery ticket and has told you that if he wins the $ million jackpot, he will give you ten percent. You replied that that would be great. When the draw is made on Friday night, you find out that your customer has in fact won the jackpot. You call and congratulate himher and being the subtle individual that you are, you remind himher of hisher promise to pay you ten per cent. Heshe laughs and tells you that heshe has no intention of giving you any money. Please answer the following questions:
Please answer the following questions.
a Do you and the customer have a contract requiring him to pay you the money? If so why, and if not, why not? Please analyse the agreement fully in terms of the four basic elements of the contract
b If you had indicated to the customer that you would pay for hisher coffee in exchange for a share of the potential winnings and the customer agreed would your answer to a above be any different? If so why? If not, why not?
c Would your answer to a be different if the 'deal' had been in writing? If so why? If not, why not?
d Would your answer to a be different if the 'deal' had been under seal? If so why? If not, why not?
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