Write an exam answer to the Mini-Essay Exam fact pattern.

Contracts Mini-Essay Exam Assignment

Please follow the steps below to complete your mini essay Assignment. Please note – this is a CLOSED BOOK ASSIGNMENT. Do not use your notes, outlines, books, or any other resource to complete this Assignment.

INSTRUCTIONS:

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This Mini-Essay Exam Assignment has two components:

1. Draft an exam outline for the following Mini-Essay Exam fact pattern.

2. Write an exam answer to the Mini-Essay Exam fact pattern.

All two components must be included in the document that you upload.

Mini-Essay Fact Pattern

Majestic, feeling particularly generous one day, says to her wicked cousin, Empress, “I promise to sell you my silver sparkle slippers for $350 unless I change my mind.” The next day, Empress tells Majestic, “Here’s the $350. I’ll take those slippers now.” Majestic says, “Forget it, you wicked thing. There’s no way you’re getting my slippers for any price.”

Can Empress enforce Majestic’s promise?

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deadline: 6-8 hours from now, today

3 PAGES MAX:

1 for outline and 2 for answer to the fact pattern

I have attache a past solution you can use for directions and guidance. Please don’t plagiarize.

If done perfectly, you’ll help me with further online discussions/problems for the course.

I only need  LAW SCHOLAR for this work. Please send your bid message starting with the words ‘Law tutor‘  so i can know you read the entire instructions first.

CL600 Module 9 Mini-Essay Assignment

Contracts Mini-Essay Assignment

Please follow the steps below to complete your mini essay Assignment. Please note – this is a CLOSED BOOK ASSIGNMENT. Do not use your notes, outlines, books, or any other resource to complete this Assignment. There is no specific page limit or time limit for this Assignment.

This Mini-Essay Assignment has 2 components:

1. Draft an exam outline for this for the following Mini-Essay Exam fact pattern.
2. Write an exam answer to the Mini-Essay Exam fact pattern.

All the two components must be included in the document that you upload.

Mini-Essay Fact Pattern

Majestic, feeling particularly generous one day, says to her wicked cousin, Empress, “I promise to sell you my silver sparkle slippers for $350 unless I change my mind.” The next day, Empress tells Majestic, “Here’s the $350. I’ll take those slippers now.” Majestic says, “Forget it, you wicked thing. There’s no way you’re getting my slippers for any price.”

Can Empress enforce Majestic’s promise?

Fact Outline

• Majestic tells her cousin, Empress, that she will sell her her slippers for $350, unless she changes her mind. Upon bringing Majestic the money, Empress is told that Majestic no longer wishes to sell the shoes to her.
  • Valid offers require:
    • Intent (to sell or buy, etc.)
    • Required terms (all aspects of the subject matter/sale of the subject matter must be acknowledged)
    • Communication (must be clear/acceptable method by which to communicate the offer to the offeree)
    • Sufficient definiteness
  • Statue of Frauds
    • Dictates that offers for goods under $500 in value may be contractualized without writing
  • Offer-like communications:
    • Do not have the requisite definitiveness
    • Lack the intent to enter into an actual contract
  • Valid contracts (Under the UCC, since we are dealing with goods) require:
    • A valid offer (requirements listed above)
    • Mutual assent (agreement on both parties to adhere to the terms)
    • Consideration (mutual detriment/benefit incurred by the parties)
  • Valid acceptance requires:
    • Complete understanding of the offer and its terms
      • “Unless I change my mind” = counter offer/rejection
    • Intent to accept
    • Communicated acceptance of the offer
  • Termination of offers can happen:
    • By their own terms
    • By the rejection of the offeree
    • By the revocation of the offeror
    • By law

Has Majestic made a valid offer to Empress?

A valid offer must include four specific requirements: intent, required terms, communication, and sufficient definiteness. Insofar as intent, it seems that Majestic intends to make an offer, but not to sell Empress the shoes. When Majestic states that she will sell the shoes unless she changes her mind, she has effectively created a counter-offer, invalidating any initial offer. Instead of actually offering to sell the shoes, she is offering Empress the chance to make an offer to buy them, which Majestic may accept or reject at her inclination.

Regardless, the required terms to make an offer here are met: Majestic intends to sell her shoes (if she feels like it) specifically to Empress, who intends to buy them; the item she wishes to sell and the price she wishes to sell it at are specified (unless she has another pair of silver sparkle slippers); she communicates the offer clearly to Empress; sufficient definiteness seems to be met.

However, because Majestic’s offer includes the statement that she will sell the shoes unless she changes her mind, she has rendered the original offer invalid. Majestic has created a counter-offer in which she becomes the offeree – when Empress shows up with the $350 to purchase the shoes, she is making an offer to buy the shoes from Majestic, who may then choose to accept or reject it.

Majestic has not made a valid offer to Empress.

Is Majestic’s counter-offer valid?

A counter-offer is an offer made in response to the terms of the original offer, which essentially renders the initial offer invalid by its desire for further negotiations, terms, or other such modifications. A counter-offer must retain the criteria for valid offers (intent, required terms, communication, and sufficient definiteness), but seeks to add addendum to the initial offer. Majestic’s statement, when considered in-couple with her caveat, is essentially an offer to become the offeree, should Empress decide she wishes to make an offer with her $350 to buy the shoes.

Majestic has made a valid counter-offer to Empress.

Have Majestic and Empress entered into a valid contract?

The requirements for a valid contract are that a valid offer has been made and mutually assented to by the parties involved, and that consideration be present. Insofar as a valid counter-offer being made and consideration being present, the criteria appears to have been met. The intent to sell and the specificities of what is being sold have been communicated, and sufficient definiteness is present. There is sufficient consideration: Majestic will lose her shoes but gain $350, and Empress will lose $350 and get the shoes. With Majestic’s counter-offer, Empress has become the offeror, allowing her to legitimately offer to purchase the shoes. The only issue here would be mutual assent; Majestic stating that she will sell the shoes “unless she changes her mind” and eventually rejecting Empress’ offer to purchase the shoes means there is no mutual assent, and as such, no valid contract has been entered into.

Valid acceptance of an offer in order to form a contract requires the offeree to completely understand what is being offered and the terms of said offer, as well as an intent to accept and communicate acceptance of that offer. Because Majestic’s statement is essentially an offering for Empress’ offer, Majestic becomes the offeree. Thus, as a result of her counter-offer, the power of acceptance lies with Majestic, who rejected Empress’ offer to purchase the shoes.

Majestic and Empress have not entered into a valid contract.

Is Majestic’s termination of the offer valid?

Valid acceptance of an offer in order to form a contract requires the offeree to completely understand what is being offered and the terms of said offer, as well as an intent to accept and communicate acceptance of that offer. Because Majestic’s statement is essentially an offering for Empress’ offer, Majestic becomes the offeree. Thus, as a result of her counter-offer, the power of acceptance lies with Majestic.

Termination of offers can occur by: their own terms (such as a time-sensitive offer, clauses within the offer, etc.); by the rejection of the offeree (the person the offer is made to declines the offer); the revocation of the offeror (the person making the offer revokes the offer prior to valid acceptance by the offeree); or by law (applicable laws determine the offer invalid). Because Majestic’s counter-offer made her the offeree, the offer was terminated by a rejection of the offeree.

Majestic’s termination of the offer is valid.

Can Empress enforce Majestic’s promise?

Because no valid contract has been entered into as a result of Majestic’s termination of the offer, Empress cannot enforce Majestic’s promise. Ultimately, there was no mutual agreement between the parties as a result of Majestic’s lack of inclination to sell the shoes.

Empress cannot enforce Majestic’s promise.