Question

Problem Presented:

Lucy and Zehmer met while having drinks in a restaurant. During the course of their conversation, Lucy offered to buy Zehmer’s 450-acre farm for $50,000 cash. Although Zehmer claims that he thought the offer was made in jest, he wrote the following on the back of a pad: “We hereby agree to sell to Lucy the Ferguson Farm complete for $50,000, title satisfactory to buyer.” Zehmer then signed the writing and induced his wife Jane to do the same. She claims, however, that she signed only after Zehmer assured her that it was only a joke. Finally, Zehmer claims that he was “high as a Georgia pine” at the time buy admits that he was not too drumk to make a valid contract.

Answer the following to answer this question.

1. “Lucy and Zehmer met while having drinks in a restaurant. During the course of their conversation, Lucy offered to buy Zehmer’s 450-acre farm for $50,000 cash.”

2. “Although Zehmer claims that he thought the offer was made in jest, he wrote the following on the back of a pad: “We hereby agree to sell to Lucy the Ferguson Farm complete for $50,000, title satisfactory to buyer.”

              What are the four elements of a contract? (fill in the blank) __ mutual assent, consideration, capacity, and legality,___________________

              Which one is at issue here? (fill in the blank) __ mutual assent_________

              What is the contradiction? (check all that apply)

_______ Zehmer thought the offer was made in jest, wrote contract terms on paper.

                     _______ $50,000 is an undervalued price for over 450 acres.

                     _______we do not know who owns Zehmer’s farm.

              What is missing? (fill in the blank) ______ A signature ____________

              Whose signature is needed? (fill in the blank) __who the contract will be enforced against___________

3. “Zehmer then signed the writing and induced his wife Jane to do the same. She claims, however, that she signed only after Zehmer assured her that it was only a joke.”

4. “Finally, Zehmer claims that he was “high as a Georgia pine” at the time buy admits that he was not too drunk to make a valid contract.”

If Lucy attempts to enforce the agreement what will be the likely outcome and why?

Answer 1

If Lucy attempts to enforce the agreement she will most likely win since the contract seems to be valid. All the four elements of a contract are present. The one which could be at issue is the subject of a contradiction that Zehmer claims that he did it in jest and that he was very high, but he still wrote the contract out and was capable of writing it despite being very high. Both owners of the farm, i.e., Zehmer and his wife have signed the agreement and if Lucy hasn't signed it yet, she can sign it before enforcing the agreement.