Premium Essay

Jack and Jill

In: Business and Management

Submitted By mundo61
Words 407
Pages 2
Jill v. Jack

Facts:
Jill asks Jack to give her an estimate in the price of building a fence around her orchard. Jack inspects and measures Jill’s apple orchard and gives Jill an estimate of $1,000. Jill agrees to the price and they sign a contract. Jill, however, had in mind a fence around her peach orchard that is much larger. Jack says he cannot build a fence around the peach orchard for $1,000, but Jill wants to hold Jack to the $1,000 for a fence around the peach orchard, and sues Jack for breach of contract.

Issue:
Can Jill sue Jack for breach of contract?

Rule:
Breach of contract states “A failure of a party to a contract to perform his or her obligations as agreed to within the contract”. Contract law allows for judicial intervention in the event of a breach that is substantial, that goes to the root of the contract, also stated to be fundamental, by relieving the non-breaching party of his or her obligations and exposing the breaching party to damages or, if appropriate, an order for performance of the breached contractual obligation.

Application:
In Order for a contract to exist you have to have five elements: 1) Offer 2) Acceptance 3) Consideration 4) Legality 5) Capacity
Under the common law, the offer had to be definite enough to establish the material terms of the contract. If material terms of the contract were not present in the offer, than a contract would not be found to exist. So the first element was not covered due to the fact that Jill did not mention the peach orchard and Jack just measured one orchard. Since he didn’t specify which orchard he would do for that price he is not liable for fencing the peach orchard. In the end I feel he would win the case due to the Mutual Mistake or Mutual Misunderstanding which states the following “Both parties make a mistake or misunderstand each other as to a…...

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