Frauds and Defense to Enforcement of the Deal
Read the Final Project Assignment. Review the main contract principles from each chapter in the book A Short and Happy Guide. Apply and include the contract principles to answer each of the questions. Question No. 1 – A Bride for Jacob Read the Background Reading below and answer the following questions: 1. Has a Deal Been Made? You should answer this question and include if there was mutual assent, offer and acceptance and any other relevant materials from Chapter 1. 2. Is the Deal Enforceable? Your answer should include whether or not the agreement between Jacob and Laban is supported by consideration? (See Ch. 2) 3. Does the Statute of Frauds apply as a Defense to Enforcement of the Deal? (See Ch. 3) 4. Are any third parties affected by the contract? (See Ch. 7) In answering the questions, does Jacob’s knowledge of the customs of the time affect your answers, if at all? Question No. 2 – Parol Evidence and Excuse The Smiths wished to sell their farm. Across the road from the farm, the Smiths had an icehouse. Mr. Jones was interested in purchasing the farm, but found the icehouse objectionable. The Smiths orally promised, in consideration of Jones agreeing to the purchase of their farm, to remove the icehouse. Relying upon this promise, Jones executed a written contract to buy the farm for $128,000. The contract for the purchase and sale of the farm appeared fully complete on its face, addressing any and all terms typically included in a contract for the purchase and sale of a farm. However, the contract was silent on the removal of the icehouse. The sale was completed, and Jones took possession of the property. The Smiths never removed the icehouse even though Jones made several attempts to get the Smiths to remove it. 1. Can Jones offer proof that the promise to remove the icehouse was made in furtherance of the agreement to purchase the farm? (Hint: See Chapter 4 What are the Terms of the Deal?) 2. Will the Court order “specific performance” as a remedy and order the Smiths to remove the icehouse? What if Jones pays to have the icehouse removed, can he recover his costs from the Smiths? (See Chapter 6) 3. Assume JUST FOR THIS QUESTION, that Jones and the Smiths entered into a separate contract for removal of the icehouse and they agreed to: 1) split the cost of removal 50/50; 2) that the Smiths would use their contractor to start removal the day after escrow closes; and 3) Mr. Jones would make the first 50% payment directly to the contractor with the Smiths paying the remaining 50% balance. Mr. Jones closed escrow and it is now week four and the contractor has not shown up despite Mr. Jones repeated efforts to contact the Smiths. What steps can he legally take? (See Chapter 5) Please include the definitions of the relevant contract terms in your papers and write complete and thorough answers. Background Reading (Genesis 29:15-30): Jacob Agrees to Work in Order to Marry Rachel 29:15 Later, Laban asked Jacob, “Should you serve me for free, just because you’re my nephew? Let’s talk about what your wages should be.” 16 Now Laban happened to have two daughters. The older one was named Leah and the younger was named Rachel. 17 Leah looked rather plain, but Rachel was lovely in form and appearance. 18 Jacob loved Rachel, so he made this offer to Laban: “I’ll serve you for seven years for Rachel, your younger daughter.” 19 “It’s better that I give her to you than to another man,” Laban replied, “so stay with me.” 20 Jacob served seven years for Rachel, but it seemed like only a few days because of his love for her. 21 Eventually, Jacob told Laban, “Bring me my wife, now that my time of service has been completed, so I can go be with her.” 22 So Laban gathered all the men who lived in that place and held a wedding festival. Laban Deceives Jacob 23 That night Laban took his daughter Leah and brought her to Jacob. He had marital relations with her. 24 Laban also gave his servant woman Zilpah to Leah to be her maidservant. 25 The next morning, Jacob realized that it was Leah! “What have you done to me?” he demanded of Laban. “Didn’t I serve you for seven years in order to marry Rachel? Why did you deceive me?” 26 But Laban responded, “It’s not the practice of our place to give the younger one in marriage before the firstborn. 27 Fulfill the week for this daughter, then we’ll give you the other one in exchange for serving me another seven years.” 28 So Jacob completed another seven years’ work, and then Laban gave him his daughter Rachel to be his wife. 29 Laban also gave his woman servant Bilhah to his daughter Rachel to be her maidservant. 30 Jacob also married Rachel, since he loved her. He served Laban another full seven years’ work for Rachel.
