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INSTRUCTIONS

1) Please type the paper.

2) It is necessary that you read the chapters on Contracts, 11 through 19 in order to

write the Case Brief.

3) Read the Example of Case Brief, Nieman v. Prudential Life & Accident

Insurance Co., which is from the Case Summary on page 276 of your text book.

This is the format as to how you should write the Case Brief.

4) You should restate each issue under each Chapter heading. Notice how the issue

is restated in the Discussion of Issues in the Example of Case Brief. Then the

principal of law is stated and the discussion ties the facts to the law. You should

answer each question under the chapter heading but MUST fully justify your

answer from the chapter material.

Case Brief:

Business Law I

STATEMENT OF FACTS

A police officer named Charlie is married to Murial. While on the job,

he purchases a lottery ticket. He goes across the street with his partner to a

coffee shop to have breakfast. A Waitress named Yvonne approaches them

and pours each of them a cup of coffee and takes their breakfast order.

Before the food comes, Charlie receives an emergency police call. He looks

in his wallet and has only $2. Yvonne says give me the $2 for the coffee and

there is no charge for food. Charlie says "but I do not have money for a tip."

Yvonne says "forget it". Charlie says "I have a lottery ticket and if I win I

will split the winnings with you as your tip". He asks Yvonne's name and

says "I'm Charlie Lang and we are partners. If this ticket wins I'll come back

tomorrow and split the proceeds . If not, I'll still come back tomorrow and

leave you a tip. What do you think?" Yvonne responds, "I think I'll never see

you again." Charlie says, "you will see me tomorrow." Yvonne says "I'll be

here." Charlie says, "you got a deal."

Charlie wins $4 million in the lottery. He and his wife Murial hear the

winning number while watching TV. Charlie tells Murial that he promised a

waitress one-half of the winnings as her tip. Murial goes ballistic and

strongly disagrees to giving Yvonne one-half of the proceeds. Subsequently,

Charlie receives the $4 million winning proceeds. He decides that he wants

to keep all of his winnings from the lottery. Yvonne claims that she is

entitled to one-half of the proceeds. Charlie does not know what to do. He is asking your opinion as to:

WHAT RIGHTS, IF ANY DOES YVONNE HAVE TO ONE-

HALF OF THE LOTTERY PROCEEDS.

-ISSUES TO DISCUSS

Chapter 11 Nature and Classes of Contracts

1. If Charlie and Yvonne did enter into a contract, what type of contract would it

be? In answering this question discuss the various types of contracts and justify

your choice.

2. Is the contract executed or executory and why?

3. Is the contract formal or informal and why?

4. Does Quasi Contract apply? Why or why not?

Chapter 12 Formation of Contracts: Offer and Acceptance

1. Was there a valid offer by Charlie? Explain.

2. Did the offer meet the requirements of Definiteness? Explain.

3. Was there a valid acceptance by Yvonne? Explain.

4. Can it be argued that Yvonne rejected the offer? Explain.

5. If you have concluded that there was a valid offer and acceptance, present an

argument that there was no valid offer nor a valid acceptance?

Chapter 13 Capacity and Genuine Assent

1.Discuss whether or not there was contractual capacity.

2. Discuss whether or not there was genuine assent.

3. Was there any deception involved?

Chapter 14 Consideration

1. Was there consideration for Charlie's promise? Explain.

2. Does the consideration fail because of adequacy of consideration on the part of

Yvonne?

3. Was there a lack of consideration because of the fairness of ½ of the lottery

winnings as a tip for services rendered as a waitress?

4. Was the promise made by Charlie an illusory promise?

5. Was the consideration rendered by Yvonne past consideration and hence no

consideration?

6. Was the promise made by Charlie a conditional promise (winning the lottery)

that made it unenforceable?

7. Did Charlie have moral obligation to Yvonne, which would be considered

consideration?

Chapter 15 Legality and Public Policy

1. Discuss whether the facts could involve issues of Public Policy and/or illegality.

2. Discuss the issue of good faith and fairness in the court enforcing or refusing to

enforce the promise made by Charlie.

Chapter 19 Breach of Contract and Remedies

1. Discuss whether Charlie breached the contract (if he had one) with Yvonne and

what would be her remedies?

AFTER DISCUSSING THE ABOVE ISSUES, PLEASE STATE YOUR

HOLDING WITH REGARD TO YVONNE'S CLAIM AND THE REASON'

THEREFORE. USE THE ELEMENTS OF A CONTRACT (P. 206) IN

DETERMINING YOUR CONCLUSION AS TO WHETHER OR NOT THE

PARTIES ENTERED INTO AN ENFORCEABLE CONTRACT.