Gordon telephones an order to Maggi’s store for certain goods, which Maggi delivers to Gordon. Neither party says anything about the price or payment terms. What are the legal obligations of Gordon and Maggi?
GORDON TELEPHONES AN ORDER TO MAGGI’S STORE FOR CERTAIN GOODS.
1. Gordon telephones an order to Maggi’s store for certain goods, which Maggi delivers to Gordon. Neither party says anything about the price or payment terms. What are the legal obligations of Gordon and Maggi?
2. Leo Landlord is the owner of the Super Club, which he leased for two years to Taylor Tennant. During the period of the lease, Taylor contracted with Paul Paver for the resurfacing of the access and service areas of the supper club. Paul performed the work satisfactorily. Leo knew about the contract and the performance of the work. The work, including labor and materials, had a reasonable value of $2,540, but Paul was never paid because Taylor went bankrupt. Paul brought an action against Leo to recover the amount owed to him by Taylor. Will Paul prevail? Explain.
3. Homeowner Howard writes to Seedy Sarah, stating “I’ll pay you $150 if you reseed my lawn.” Sarah reseeds Howard’s lawn as requested. Has a contract been formed? If so, what kind?
4. Phony Phred uses fraud to induce Innocent Irene to promise to pay money in return for goods he has delivered to her. Has a contract been formed? If so, what kind? What are the rights of Phred and Irene?
5. Valerie Vista is about to buy a house on a hill. Prior to the purchase she obtains a promise from Betty Blocker, the owner of the adjacent property, that Betty will not build any structure that would block Valerie’s view. In reliance on this promise Valerie buys the house. Is Betty’s promise binding? Why or why not?
6. Mary Dobos was admitted to Boca Raton Community Hospital in serious condition with an abdominal aneurysm. The hospital called upon Nursing Care Services, Inc., to provide around-the-clock nursing services for Mrs. Dobos. She received two weeks of in-hospital care, forty-eight hours of postrelease care, and two weeks of at-home care. The total bill was $3,723.90. Mrs. Dobos refused to pay, and Nursing Care Services, Inc., brought an action to recover. Mrs. Dobos maintained that she was not obligated to render payment in that she never signed a written contract, nor did she orally agree to be liable for the services. The necessity for the services, reasonableness of the fee, and competency of the nurses were undisputed. After Mrs. Dobos admitted that she or her daughter authorized the forty-eight hours of postrelease care, the trial court ordered compensation of $248 for that period. It did not allow payment of the balance, and Nursing Care Services, Inc., appealed. Decision?
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