Business Law
The situation that occurs in this case can be better understood through an analysis of the elements of a valid contract. To be more specific, the area of focus is “offer and acceptance” (Kubasek, et al., 2015). The response that Curly gives to Moe is an offer, as he clearly states the amount he is willing to sell the 50-acre tract. His offer is clear that he will not sell the tract for an amount below $1 million dollars. The response of Moe, on the other hand, is an acceptance of the offer, which is also an essential component of a valid contract. He agrees to the terms given and accepts the offer made.
Considering these important factors, Moe can hold Curly to a contract for the sale since a valid offer was made, to which he accepted (Kubasek, et al., 2015). Had the terms not been clear or if an offer had not been made, then Moe would not be able to hold Curly to a contract. Similarly, if Mie was unwilling to meet the given minimum amount, then a contract would not be possible.
Timbuktu Tomcats and Rob
Consent is argued to be free when it has not been influenced by certain factors such as a mistake on either party (Kubasek, et al., 2015). This case between the Timbuktu Tomcats and Rob features important facts that must be taken into consideration. First, Rob is known for his history of being an excellent football player. As a matter of fact, he was highly sought after as noted in the draft. Second, Timbuktu Tomcats signed him as a starting quarterback, basing their decision solely on his history and the fact that many wanted him. Third, it was only after the signed contract that Rob visited the doctor for a physical checkup as he was experiencing arm pain.
Signing Terms of Service Agreement
Considering the long list of software and gadgets that I have ever bought, I have never read the terms of service but I still clicked “I agree”. I do so because I have never heard of any stories regarding such issues despite the fact that I am clearly binding myself in a legal contract. Even though most people do not read these long list of terms and conditions, I still think that such an agreement should be valid and binding. This is because it features all the important components of a legally binding contract.
First, the company offers the terms in the list that they provide for consumers, and upon clicking “I agree”, the consumer is accepting them (Kubasek, et al., 2015). Second, the presence of the terms and conditions, and an individual willing to sign shows intent of legalizing the contract (Kubasek, et al., 2015). Lastly, consumers are not forced to accept the contract as there are many other payable options available that one can use to make private information anonymous (Kubasek, et al., 2015).
Reference
Kubasek, N., Browne, N., Barkacs, L., Herron, D., Herron, D., Williamson, C., & Dhooge, L. (2015). Dynamic Business Law. McGraw-Hill Education.
