Jill is trying to sell her car so she places a “For Sale” sign on her car. She bought this car new four years ago. The sign states that the car is “For Sale” and it also provides a contact phone number. While driving in the Citrus College parking lot, Jack sees Jill’s car and writes down her telephone number. He calls up Jill and says, “Hey Jill, I’m calling for more information about the car for sale. Jill responds, “Well Jack, let me tell you a little bit about the car, first. It’s a 2003 Toyota Camry, 20,000 miles, I want $12,000 cash or check, and it’s a great car.” Jack responds, “Wow that sounds like a great deal, I’ll take it!” Jill says, “Okay meet me at the Citrus College parking lot tomorrow at 12:00pm and we can make the exchange.” Jack says, Okay. The next day, both Jill and Jack show up at the Citrus College parking lot and the Jill gives Jack the car and Jack gives Jill the money. Jack takes the car to his mechanic who tells Jack that the car actually has been driven at least 50,000 miles and the miles were manipulated. Before selling the car to Jack, Jill intentionally adjusted the miles.
Make sure you discuss each issue that may arise in the fact pattern. As an example: Did the For Sale sign show “intent” to make an offer?
IRAC – you should have an IRAC for contracts formation (including contract formation defenses) and then a separate IRAC for performance, conditions and any defenses to breach of contract.
Only well-written IRACs will receive credit. As a guideline you’re IRAC should be at least a page and a half (single spaced, 12-font and 1-inch margins). I say a “guideline” because a long paper will not necessarily mean you’ll receive credit. However, there is no way that a student can cover all the issues in less than a two pages.
There is some help about how to write a IRAC:
Issue: Is there a contract between _________ and _________
Rule: A contract requires an offer, acceptance and consideration
Analysis:
Offer:
An offer requires intent definite and certain terms and communicated to the offeree.
Intent
Intent requires serious intention to be bound by the contract. Here_____showed intent to enter into a contract by asking . . . Therefore there was intent.
Definite and Certain Terms
In order for there to be definite and certain terms there generally needs to be the parties, subject matter, consideration to be paid and payment terms). The parties are . . . the subject matter is . . . etc., you can also discuss “quantity”.)
Therefore there were definite and certain terms.
Communication
The offer was communicated to the offeree because ________ said, “. . . “Therefore the offer was communicated.
Because these three elements were satisfied, __________ made a proper offer to __________.
After you establish that there has been an offer you now need to determine if there has been a revocation, rejection etc. ONLY discuss relevant issues.
Did _________ properly revoke his offer to _________?
Rule: An offeror can revoke his/her offer any time prior to the offeree accepting it. In the facts indicate . . . . (Note you would only discuss revocation if the facts indicated that the offeree tried to take back his/her offer). The same would be true for rejection, counter offer and operation of law.
Now you’re ready to discuss Acceptance
Issue: Did ____________ accept __________’s offer?
Rule: An acceptance must mirror the offer
Analysis: _________acceptance mirrored the offer because he said, “. . .” and this tends to show . . . .
Conclusion: Therefore there was an acceptance.
