Part 1:
Every month, the paralegals and attorneys in Liberty & Associates meet for lunch in what they call LEDs
(Lunch and Education Discussions).
To prepare for discussion at this month's LED:
- Create an example of an offer that fails because it does not meet one of the required elements of a valid
offer.
Part 2:
Respond to 2 colleagues. Do not hesitate to modify the facts (be creative.), the identify and explain why each
colleague’s offer example still fails to meet one or more of the required elements of a valid offer, or now meets
the required elements.
College one to is response to……….Jane and Sara have been talking about Jane’s new purse she received as
a Christmas gift. She told Sara that she did not really like it and was thinking about selling it. Sara told Jane
that she would by the purse for $50. Jane was laughing about the offer because the gift is a designer purse
with a value of $700 and said “sure”.
For this offer to be valid, Sara must be committed to the terms of the offer, certainty of the terms must be given,
and the offer must be communicated (Week Two…, n.d., Topic 3). It appears as though all of these
requirements are given in this scenario. Sara is committed to pay Jane $50 for the purse, the terms are certain,
and she communicated her offer to Jane. However, an additional factor for an offer to be valid is that a
reasonable person, or an objective observer, must believe that a purchase was intended with this offer. Jokes
are never considered part of a valid contract (Week Two…, n.d., Topic 3); therefore, this example does not
qualify for a valid offer. No objective observer would believe that Sara’s offer of $50 for a $700 purse would be
serious.
College two to response to……….Jane and Sara have been talking about Jane’s new purse she received as a
Christmas gift. She told Sara that she did not really like it and was thinking about selling it. Sara told Jane that
she would by the purse for $50. Jane was laughing about the offer because the gift is a designer purse with a
value of $700 and said “sure”
Sample Solution