Case Study on "Contract"

Case Study 8 pages (2058 words) Sources: 8

[EXCERPT] . . . .

However, something that will be Barry's undoing on the detriment he would or would not have received would be based on two things. First, there was no guarantee, since it never technically happened or got completed, that he wouldn't have got rolled the by glow worms people as well and Iva had no bearing on that. Second, and more important, is that a true and specific offer was never codified or laid out. As mentioned before, since Iva was never specific, she could just low-ball Barry and dare him to reject or accept the offer. Since she never put a figure behind it, she's not under any burden to offer any specific amount. The court may reject her low-balling him too much, but she could probably offer him a nominal amount with an appropriate amount of work to be done for said amount and probably come out unscathed. Barry's lack of due diligence and the fact that the offer was retracted for reasons that did not have specifically to do with Barry is probably reason enough for a judge to find that Barry has no case. If Iva truly deceived Barry and offered the job to someone else or just lied to him knowing full well that no contract would be offered, than things would be different. Barry can always find another job but the industry he worked in tanked, so that is why he had to find a job elsewhere.

Conclude

As stated before, this situation did not lead to a complete and valid contract but the promissory estoppel thing is a possibility. However, since there was never specific consideration given and since Iva Mullet was not clearly deceiving Barry and her shift in the offer was based on business conditions and because Barry's detriment was based on economic cycles that will probably subside eventually, the odds that Barry would win a promissory estoppel case on this matter are not impossible but extremely unlikely as Barry could (and should) had demanded a specific offer before saying no to the glow works project. Better yet, he should have demanded it in writing and executed the agreement but he ended up doing none of those things and he basically acted unwisely overall.

Conclusion

Iva Mullet needs to be very careful about making promises such as she did in light of the job offer that Barry got and turned down based on what Iva said in response to Barry wondering about changing jobs. She would definitely not lose a straight contract case but she could possibly lose a promissory estoppel case and she could absolutely get herself in a pickle later on if she keeps making promises that she cannot later keep, regardless of whether it is due to legitimate business need or something else. Even if she is not intentionally deceptive, she could bind herself and/or her company to things that she will later regret.

References

Lawnix. (2014, April 8). Promissory Estoppel and Detrimental Reliance. Lawnix Free Case Briefs RSS. Retrieved April 8, 2014, from http://www.lawnix.com/cases/promissory-estoppel.html

Nolo. (2014, April 8). Consideration: Every Contract Needs It. Nolo.com. Retrieved April 8, 2014, from http://www.nolo.com/legal-encyclopedia/consideration-every-contract-needs-33361.html READ MORE

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