Creation an Oral Contract - Essay Example

Two of the statements in the statute of fraud have indicated that a written contract is needed if conditions in the contract are not possibly completed within a year and if it involves the sale of goods worth $500 and beyond.

Analysis:

Peter: Peter will argue that there was an oral contract between him and Don because both of them are legally capacitated and Don has agreed to accept Peter's father by the time he decides to come back. From that moment, a valid contract already exists since Peter has legally accepted Don's offer and the two competent parties had genuine assent toward the agreement. By the time Peter has seen Don's advertisement in the newspaper, he has adequately considered the price of the nursing home's services which was set at $500. Peter went to Don's nursing home, inspected its facilities, and talked to Don regarding his father's condition. Don then replied and said that he can move in with his father since they have experience handling the same condition.

Peter can argue that both of them can enter a contract since they are of legal age and do not have any serious medical condition that will hinder its enforcement. The oral contract agreed upon by the two is legal since the purpose of it is only to send Peter's father to Don's nursing facility and become its resident. Peter can assert that the oral contract is valid and enforceable because Don's nursing facility is only offering its services for $500, in other words, goods are not involved in the contract. Furthermore, Peter can argue that there is no time specified that the agreement cannot be completed within a year; thus, no written contract is needed to make it valid and enforceable. In the first place, Don's gesture of shaking hands with Peter after their direct conversation is an indication that there is certainly an oral contract between them. Thus, Peter's inability to move in with his Father should not have been done by Don because he has already agreed to accept his father.

Don: Don will argue that no contract has existed at all since Peter cannot show any evidence that a contract has been made, and no witness will prove that such a conversation did take place, considering that no other individual was present during their conversation. Don will further argue that Peter did not adequately consider his avail of the nursing home's services since he had to call his sister to inform her of the decision.

Conclusion: Peter will have to find solid evidence that a contract was agreed upon, otherwise Don will be favored by the judge since no other person will prove that such a contract existed.

Question 2 -Criminal Law

Issue: If both are charged with first and second-degree murder in connection with Opal’s death, are the facts stated above sufficient to sustain the charges against Cal and Dan?

Rule(s): Felonious acts have been deemed a substitute for evidence of malice aforethought that is a requisite to find a defendant guilty of murder. A robbery is a serious form of a felony in the United States. Punishment for robbery resulting in murder is many years of imprisonment or life imprisonment. The death of someone, regardless of whether it is accidental or not, is counted as felony murder, first-degree murder, or second-hand murder if it happened during the act of a serious, violent felony - as determined by the State law.

Analysis:

Cal: Cal will argue that no one got hurt when he purposely aimed his weapon despite knowing that it was a public area and many people could have been hurt. Furthermore, Dan will assert that they were not responsible for the death, since the gun that had killed Opal was not his.

Dan: Dan will argue that he did not aim for any weapon, or try to harm anyone during their criminal activities. He can further argue that Cal is the mastermind of the robbery since he was the one with the gun and that he was only influenced by Dan to do such a thing. He will defend that the death of Opal was unintentional and that the circumstances will prove that he did not intend to kill anyone.

Authorities: The authorities will argue that the evidence gathered is enough to prove that both Cal and Dan are responsible for the robbery, the felonious act that has resulted in Opal's death.

Conclusion: The facts clearly state that a robbery was committed by Cal and Dan. As inferred in the law, robbery which is a form of a felony is a substitute for evidence of malice aforethought. Read More