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Unilateral And Implied Contracts Essay

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Contracts

Part 1

Summary of the Facts: Monica (the plaintiff) enters a race dubbed Pioneer Trail Ultramarathon, whereby the first price set by Rocky Mountain Races, Inc. (the defendant), the race sponsor, is $10,000. As per the rules set by Rocky Mountain Races, Inc., competitors must run all the way to the peak of Pinnacle Mountain, from the Blackwater Canyon floor. Monica wins the race but is offered a prize of $1,000 by the Rocky Mountain Races, Inc., instead of the advertised first price of $10,000. It is important to note that Rocky Mountain Races, Inc. rules of participation permit it to adjust race terms at any point. Monica sues for breach of contract.

Legal Issues Involved: Does a valid contract exist between Monica and Rocky Mountain Races, Inc.? Monica ought to prove that a valid contact existed between her and Rocky Mountain Races, Inc., that the contracts terms were breached, and that she suffered damages. It is important to note that in instances whereby the offer is phrased so that the offeree can accept the offer only by completing the contract performance, the contract is a unilateral contract (Miller, 2014, p. 209).

Analysis of the Case: Monica accepted the offer and completed the contract by...

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…which the defendant ought to have been aware of, and that the defendant had an opportunity to protest the services which they did not.

Analysis of the Case: In this case, Nursing Services Unlimited provided a service to Janine for which it expected payment. Next, Janine, during the at-home care period was well aware of the fact that Nursing Services Unlimited was providing her with a nursing service for which they expected to be paid. Lastly, Janine did not protest or reject the services rendered by Nursing Services Unlimited during the 2 weeks of home care.

Conclusion: Nursing Services Unlimited ought to recover the billed amount from Janine on the…

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References


Miller, R.L. (2014). Business Law: The First Course – Summarized-Case Edition. Stamford, CT: Cengage Learning.


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