CONTRACTS: ENFORCEABILITY CONCEPTS

Use the following scenario in responding to the questions below:

Professor McEvoy loves coffee and in fact she needs coffee throughout the day. Because Professor McEvoy isn't always able to stop for coffee before her class, she would like to enter a contract to have a student or students bring a cup of coffee to her every class period.

Professor McEvoy says to a student, Alma, "I promise to pay you $10.00 each class if you promise to bring me a 20-oz mocha—almond milk, no whipped cream—from Café Tempo, delivered to my office each week during the current semester, 10 minutes before class starts." Alma says: "I agree."

For the first three weeks Alma delivers the coffee and Professor McEvoy pays her $10.00 each class.

Develop additional facts and explain why these facts would help Alma argue that the contract is voidable due to lack of genuine assent .

Develop additional facts and explain why these facts would help Alma argue that the contract is voidable due to lack of contractual capacity .

The fourth week, Alma does not deliver the coffee to Professor McEvoy's office. Waylon arrives at Professor McEvoy's office at the proper time with the correct coffee and says "Alma is sick today; she asked me to bring the coffee to you and said that I can collect the $10.00."

In this fourth week scenario, which action represents an assignment (who assigned what to whom)?

In this fourth week scenario, which action represents a delegation (who delegated what to whom)?

Return to the scenario at the end of three weeks, as if neither party had transferred their rights or responsibilities in the fourth week. Address the following for the original contract between Prof. McEvoy and Alma.

What facts, if added to the scenario in the first 3 weeks, would make the contract commercially impracticable (though not impossible) to complete ? Explain why.

What facts, if added to the scenario in the first 3 weeks, would make the contract impossible to complete ?

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