Analyzing a Contract Dispute

Analyzing a Contract Dispute

Type:                                Analysis

Word expectation:                500-1000

Due Date:                         Tues, Feb 10, 2015

Specifics:                        Papers will not be accepted unless they are:

                                Type written

                                Double spaced

                                Paginated

                                1” margins

                                Business Letter format, either post or electronic

Analyzing a Contract Dispute

In this analysis, you will evaluate a court case dealing with intent

Tasks:

1. Read the case summary of Lucy v. Zehmer 196 VA 493, 84 S.E.2d 516 (1954) The case in brief is attached to this assignment.  It is also explained somewhat on p. 159 of the textbook.  

2. Imagine your friends, the Zehmer’s, come to you (because they knew you took a business law class) and want you to explain what is going on.  They are very upset.  They are going to lose the family farm over a joke.  How can they be forced to sell!

Write a letter to the Zehmer’s explaining why they must specifically perform (sell the property).  Consider everything you have learned about the law so far.  Previous material may come in handy for this assignment.

3. As a minimum, answer the following questions, be sure to support and explain your answers:

What is a contract?

What is contractual intent?

What is an offer?

What is an acceptance?

What is and was there consideration in this case?

What does the court see as an agreement?

Explain why alcohol consumption did not play a part in the court’s ruling?

LUCY v. ZEHMER

Supreme Court of Appeals of Virginia. 1954

196 Va. 493, 84 S.E.2d 516.

BUCHANAN, JUSTICE. This suit was instituted by W.O. Lucy and J.C. Lucy, complainants, against A.H. Zehmer and Ida S. Zehmer, his wife, defendants, to have specific performance of a contract by which it was alleged the Zehmers had sold to W.O. Lucy a tract of land owned by A.H. Zehmer in Dinwiddie county containing 471.6 acres, more or less, known as the Ferguson farm, for $50,000. J.C. Lucy, the other complainant, is a brother of W.O. Lucy, to whom W.O. Lucy transferred a half interest in his alleged purchase.