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A contract is simply an agreement between two parties, based on adequate consideration, to do or not to do a particular thing, however theres a little doubt that a contract existed between Blain Hayes and Efficient electric.
Efficient made its offer by bid for the electrical work on the motel. Blain Hayes accepted that offer by letter after Marriott accepted Blain Hayes offer to build the motel. Efficient showed the agreeableness to the contract after working for three months. It now cannot deny there was a contract to finish work.
When considering the facts in a more lawful way, we can conclude that Efficient did not constitute a material breach of contract by Blaine-Hays so as to justify Efficient in abandoning its work.
Question 02
John, never saw the live CBS “Nightwatch” program upon which Newman appeared and this lawsuit is not predicated on Newmans “Nightwatch” offer. John saw
the CBS “Morning News” rebroadcast of Newmans “Nightwatch” appearance. This
rebroadcast served not to renew or extend Newmans offer, but rather only to inform viewers
that Newman had made an offer on “Nightwatch.” The rebroadcast constituted a news report
and not a renewal of the original offer. An offeror is the master of his offer and it is clear
that Newman by his words, “If anybody calls this show . . . ,” limited his offer in time to
remain open only until the conclusion of the live “Nightwatch” broadcast. A reasonable
person listening to the news rebroadcast could not conclude that the above language–
“calls this show” constituted a new offer; rather than what it actually was, a news
report of the offer previously made, which had already expired.
So there is no contract appearing between Newman and John.
Question 03
There is a contract between plaintiff and the nephew as she has legal bond with her husband, the agreement originator. Her personal capacity counts in great deal in taking legal action against the defendant. This becomes an unavoidable contract and it can be enforced by the court of law.
Question 04
A personal service or an act may be discharged because of a person necessary for its performance reasonably fears that he will suffer serious illness or death if he performs. Further more there is not evidence of allocated risk between Wassermann and Harris