To complete the learning activities, please create a new thread for each theme and identify in the subject line the theme for which you are responding. Students are expected to post to all themes by Thursday and to at least two other students (across all themes) by Sunday. In responding to the learning activities and to other students, please be sure to use the course material using in-text citations and a reference list to cite the source(s) used. Remember, an in-text citation cannot exist without having a corresponding reference list and a reference list cannot exist without having a corresponding in-text citation. Use of the course material using in-text citations and a reference list is always expected in the learning activities and good practice for the assignments in the course.
Learning focus: contracts, particularly offer and acceptance, distinguishing between express and implied contracts, between unilateral and bilateral contracts.
Learning Activity 1:
Myrna, a 40-year old teacher, wants to move to Chicago because of a job offer. She owns a house in St. Louis, her current residence, which has been appraised and valued by a professional real estate appraiser at$500,000.
She posted a "For Sale" sign in the yard that stated "Make an Offer". Ned, who is a casual friend of Myrna's, responded to the sign and made an appointment with Myrna to tour her house. Later, Ned invited Myrna to dinner to discuss the house and a possible sale. Myrna and Ned had a leisurely dinner, and 2 glasses of wine each with dinner. At the end of dinner, Ned offered Myrna $225,000 for her house; Myrna accepted.
Ned and Myrna signed a sales contract, but before the deal was completed and before the deed was transferred to Ned, Myrna's relatives tried to urge Myrna to cancel the cancel the contract claiming that the contract was unenforceable.
Analyze the deal between Myrna and Ned. Is the contract enforceable? Why or why not?
Learning Activity 2:
Dan went to Doctor to have an x-ray. Dan did not sign a written contract, and Dan and Doctor did not make an oral agreement regarding the x-ray. When Doctor billed Dan $500 for the x-ray, Dan refused to pay. Doctor sued Dan to recover the $500.
Discuss the legal basis and possible outcome of the Doctor's lawsuit?