Solution
Robert answered on
Dec 23 2021
a) Draft a memo fully analysing and discussing why there is or is not a valid contract.
MEMO
To: Francis Stein
From: ( )
RE: Whether a valid contract exists or not
Date: September 26, 2013
Question Presented
The question presented as from your side presents a scenario of a contract and the
validity of it under the Contract Act.
Short Answer
As per the case presented and the essentials of the contract act, there is no validity
of the contract because
Facts
As refe
ed in the case, Dr. Doe is well respected scientist who was recently
awarded a Nobel Prize in medicine for his work in development of a highly effective drug to
prevent the common cold. After extensive negotiations with you, it was found that Dr. Doe
had signed the document whereby he has expressed implied terms and negotiations for offer
that he will take charge of research for a period of four years at a salary of $500,000 per year.
Upon further negotiations, Dr Doe did not approve the offer and neither rejected it but
expressed a view that he does not deserve the offer proposed. Firstly, you had denied
accepting his offer and then further accepted it and sending both the denial and acceptance
letter the same day. The acceptance letter was accepted by the secretary but the denial one
was not. And when the further conversation strikes between you both, Mr Doe had already
accepted a lucrative job offer whereas as per your point, then you had accepted his
acceptance. (Stein V Doe, 2013)
Discussion
In order to prove the essentials of the valid contract between you and Mr Doe, I
would draw your attention towards the elements of the validity of a contract. In order to start
the contract, the first and foremost essentials are agreement that consists of offer and
acceptance. Later on, parts like consideration and legal consequences strikes. In the case
described, the offer with implied terms and offer was made from Dr. Doe stating clearly that
he would like to work for a certain consideration for a given time period with you (Gibson &
Fraser, 2013). Thus the terms were implied, expressed, written and binding on the contract.
Upon the same, you had proposed a counter offer to Dr. Doe with a proposal that you would
like to offer him $300,000 which was lesser than the amount quoted by him. As per the
contract act, rejection dwells in the position where the counter offer is made by the party
which is also stated in the case of Hyde v Wrench. (LAW Nix, 2013) Moreover, the further
parts of the case which states that Dr. Doe was not interested in your proposal and intimated
you that such compensation was an insult to his achievements and he would not work for
such an amount. This clearly stated that the contract was not valid from his end and he did
not express any interest in your counter offer. (Gibson & Fraser, 2013)
Further, you had accepted his offer and sent him a written approval during which Dr.
Doe was already contracted by MARK Drugs, and...