responses for Blaw and humanities *****Professor Anthony ONLY****

1

Thomas what is the difference between an implied in law contract and an implied in fact contract?

2

Which contract law applies to this case: UCC or common law?

What is the court likely to rule on the breach of contract claim? And why?

Under question 1 the contract law that would apply would be the Uniform Commercial Code (UCC) because the UCC focuses on the intention of the parties rather than on formalistic requirements itself. With that said, in the above case the intention was there when Myra after setting an original sells price which the buyer countered with a lower amount she then sent a form with additional terms for the sales of the house. This implied that she is willing to work with the counter offer the buyer suggested. Under question 2 the courts are likely to rule that Myra is in breach of contract. The contract law sees a breach of contract as what promise was expressed and implied. Myra, by sending additional terms of the selling of the house implied she interested in selling the house at the counter offer Nic made.

Suarez, R., Business Law and the Legal Environment, The Agreement, Chapter9 p 309, 2/21/2014

Retrieved from: https://learn.umuc.edu/d2l/le/content/108599/fullscreen/3736954/View

3

As some contracts are written, oral, and explicit some may actually not be. Contracts between parties are formed, expressed, and enforced in many different ways, a taxonomy of contracts was developed to make it useful in grouping them together with similar legal consequences. Contracts were classified in four different categories: explicitness, mutuality, enforceability, and degree of completion. The above case would fall under the category of Explicitness. Ed and Fran had an implied contract between both parties that Ed would go to the store daily, look at the different candy and Ed would walkout buying a candy bar or two. By going into the candy store and leaving the store with that one candy bar which he acknowledged to Fran by raising it so she knew would see that he was leaving the store with that item.

Suarez, R., Business Law and the Legal Environment, Introduction to contract law, Chapter8 p 285, 2/21/2014

Retrieved from: https://learn.umuc.edu/d2l/le/content/108599/viewContent/3736953/View