Evaluate the necessary elements of a bona fide contract.
You have just been hired by T&G Consulting and given your first assignment. The nationally renowned performer Cyndy Singer, who is a client of the firm, has made arrangements to give a concert at a premier concert venue, Best Artists Theater. A tentative agreement related to the performance has been drafted and given to you for review. While final approval of the agreement will have to be obtained from T&G Consulting’s Legal Department, you have been asked to provide a preliminary review of the agreement to make sure that it properly reflects the intent of the parties, and to see if the basic elements of a contract are present. (You can assume, for purposes of this exercise, that the parties have the capacity to enter into a contract.)
Please review the agreement and give justification and explanation as to whether the agreement contains the necessary elements of a valid contract. For this review, you are to reflect on and address the following sets of questions:
- There are certain requirements for the formation of a contact:
- What is the first required element of contract formation?
- The second element that must be present for the formation of a contract is consideration. Examine the contract and identify the element of consideration. Describe the details of the consideration that appear in the agreement.
- Mutual agreement (sometimes referred to as “mutual assent”) is reflected in the agreement. Please answer the following questions:
- How is mutual agreement reflected in the contract?
- Why might it be more difficult to establish the existence of mutual agreement in an oral contract?
- Can you think of other pros and cons of written versus oral contracts? Please explain.
As it turns out, the other party has failed to perform its obligations under the contract, and your client now wishes to terminate the agreement.
- How is a contract concluded or terminated? Please explain this to your client.
- Explain to your client how each party can be discharged from their liabilities.
- Explain the difference between a minor breach and a material breach to your client.