Private Law and the Facts on the of an Unilateral Contract - Case Study Example

Private Law Final Question Two Facts on the Case According to the case, Megan has no claim against Julian since the contract was a unilateral one that required acceptance through performance rather than promise of performance. Such cases have acceptance indicated when the act is complete which Megan did not before the revocation. Julian made an offer in which he was to pay $1000 to any person that summarized the Brooke Shields most recent 10 movies. In response to this gesture, Megan began to watch the movies and summarize them. Before Megan completed the movie, Julian revoked the offer and hence no reward for the efforts made by Megan. According to the case, it was clear the offer was revoked and Megan learned of it before completing the task. On the other hand, the offer made was unilateral and there would only exist a contract between the parties once the act was complete. The technicality of unilateral contracts is that there exists no contract between the offeror and offeree until the performance of the contract is complete. Unilateral contracts do not base on promises like the other contracts. Contracts made on promises may prove challenging to revoke and may require specific action based on the communication needs of the offer. A case example includes the Carlill vs. Carbolic Smoke Ball Company. The company made an offer that was termed a unilateral offer by the court that indicated that the company provided that a person that used their carbolic smoke ball that was meant to cure flu and did not work would have a right to claim $100 from the company for the failure of their drug to meet the indications that the company made. In this case, anybody that bought the drug and applied it expected it to perform and the buying indicated acceptance. One would not claim a breach of contract without trying out the drug. In this case, the actual performance was the trying of the drug. Relating this case to the current scenario, Megan would only indicate acceptance by completing the contract. Having summarized the nine movies did not result into an acceptance for the offer since the offer was seeking acceptance through performance. In case Megan had completed the offer needs before the revocation of the offer, then that would result to breach of contract. Unilateral contract provide for the prevention of a stringent level of commitment to the contract. An offer made in this sense provides for room for the offeror to monitor the progress of the contract that the offeree is meant to accomplish in order to claim consideration and acceptance. Such cases have a major implication in many offers especially those considered of minute considerations. Offers that include heavy capital considerations need having implied or expressed terms attached to them. These serve to motivate the applicants to provide for a considerable time and level of seriousness in the contract. These normally have grave legal implications that would result into the rewarding of huge damages in case revoked while under performance. Question Three Facts on the Case Karl and Ricky entered into a contract in which Ricky was to complete the extension of the restaurant by the end of October. The extension was not complete by the time Karl had requested despite having indicated to the contract details that time was of much essence. The failure of Ricky to complete the restaurant in time led to a loss in sales and hence profits for Karl, which Karl is claiming under breach of contract. Ricky completed the extension after eight weeks after October. In the existence of a contract, four important things are: a) The existence of a contract between the parties b) The performance aspect indicated by the party that seeks recovery c) Failure by the other party to perform d) Damages attributable to the breach These elements play a vital role in the decisions in court of such cases. In this case, the court will seek to prove the above items with ensuring that the contract between the parties was clear and well drafted. Challenges in the contract include the fact that it did not specify the time when the contract came into existence and the time within which the work was started. The court will seek to clarify on the amount of time given and its applicability to the contract. All contracts require reasonable time for conclusion and in case of such a breach the court decides based on the evidence prevailing. Considering further, the offer proves a unilateral offer in which the contract ends when the task is complete. These facts complicate the case and may provide a challenge for Karl in his quest for compensation. On the other hand, the contract indicated that Karl wanted the extension ready for the busy Christmas period and the contractor failed to complete it at that time. The contractor completed the task eight weeks later after the agreed time of after October. This qualifies as a breach of contract and Ricky is liable to pay for the damages incurred by Karl. In identification of the damages claims, the court will consider the contract, the time stipulated and the intentions of the offerer. Basing on which the contract was breached since the completion was delayed through which Karl lost profits. In this case, failure by Ricky as the other party in the contract to reach their part of the contract on the agreed time frame provided for the breach of contract and hence the suable scenario. Ricky identified that they could not meet their obligation in the slated time and still showed no indication continuing with the contract. These affected the offerer and hence the need to settle for breach of contract. On the other hand, Karl was entitled to cancelling the contract once they discovered that Ricky could not complete the contract in time. The court would consider all these facts before judging the case. Based on these, the appropriate damages would be rewarded to the affected party Karl. Question Nine: Facts on the Commercial: DuckDuckGo.com is a company that aims to compete with Google on online search engine provision. In their quest to improve their output, they develop adverts and other commercials that they aim to employ in wooing customers to their end. In any fair market, competition is possible and remains prevalent for all times. Companies in the same industry ought to compete for the available customers and hence the need to keep their advertising at its best at all times. Despite the right to advertise and develop commercials, stringent rules exist in the sector that requires respect for fair competition at all times. Breach of these fair competition rules would result into various legal implications of the affected company. The development of adverts is strictly aimed at the approach that does not afflict the market share of the competitors. The control of unfair competition practices revolves around five major aspects that include the following: The aims at protecting the economic, creative and intellectual investment portfolio that businesses have developed to distinguish themselves from their competitors. Preservation of good will that each business develops in the market. Appropriation of competitor’s good will is also part of what the law seeks to prevent. Promotion of clarity and a stable approach towards advising the customers to embrace goods from companies with a good reputation and the provision of incentives through which businesses can offer better services and goods as a tool of encouraging competition. These provide the basic items that the law seeks to prevent when dealing with the protection of the rights of competitors and other companies. Considering a case between Morgan Stanley Smith Barney that was the claimant and Robert W. Baird & Co Inc and Paul McWane, their existed a claim of unfair competition in which the defendants in which an unfair competitive means were used by the defendants to obtain a client from Morgan (Singer). These allegations provided a basis for indicating the various claims and the effect that unfair competitive practices may have on a company. Morgan Stanley lost a client to the defendants through their application of unfair practices. In this particular case, the claimant won against the defendant. The commercial seeks to win customers in the market through the tarnishing of Google’s name and affecting their reputation. Stating to the public “Google tracks you, we don’t” provides an unfair approach to competition in which the advertiser seeks to defame Google for their own interest. The approach defames Google and may lead to a legal implication that would affect the company if Google decided to sue them. Such an advert could pose implications to the performance of Google, which would provide a basis for Google to sue the company. Based on this, DuckDuckGo may pose a risk of suffering a legal suit from Google because of the unfair competition practices. The company adverts need to cover what they can offer to the market and let the customers identify what they find appealing compared to Google. Works Cited Singer, Bill. Morgan Stanley Wins Unfair Competition and Raiding Case against Robert W. Baird. Forbes. Viewed on March 26, 2015 from http://www.forbes.com/sites/billsinger/2012/11/27/morgan-stanley-wins-unfair-competition-and-raiding-case-against-robert-w-baird-co/ Read More