Quiz 12: Nature and Classes of Contracts: Contracting on the Internet
Person K promised to pay for Person H 's postgraduate education if H would obtain some rare artifacts for him within a specified duration. After getting the artifacts within the duration, Person K refused to make the payment claiming that there was no consideration for the promise. It needs to be determined under which claim H could prevail against K. Unjust enrichment occurs when an individual or an organization gets certain benefits from other person or organization even in absence of any promise to pay in return. In this case, a court might impose an obligation on the benefited party to pay for the benefits received by them. Unlike the mentioned case, claim for unjust enrichment does not involve a promise. Therefore, unjust enrichment is not the correct option. Hence, option b is wrong. Public policy is applicable in cases that involves actions that are injurious to the public or violates the interest of society. This is mostly applicable in cases related to public health, safety, and welfare. Since, the given case is not related with the aforementioned issues, therefore public policy is not the correct option. Hence, option c is wrong. Quasi contract is imposed by the court to prevent unjust enrichment. This is applicable in cases where there is no contract between the parties involved in a case. Whereas, in the given case, contract was formed between the parties due to the promise made by Person K. Hence, quasi contract is not the correct option. Hence, option d is wrong. Unilateral contracts are those contracts in which one party (an offeror) makes a promise to the other (offeree) in exchange of certain act, and in turn the offeree accepts the offer by his/ her performance. In the given case, Person K promised to pay for H's postgraduate education in exchange of some rare artifacts. Furthermore, H has performed his part by obtaining the artifacts for K within the specified duration. Hence, a unilateral contract has formed in this case, which makes K liable to pay for H's postgraduate education. Therefore, it is concluded that H would prevail against K on the basis of unilateral contracts claim. Hence, the correct option is .
Contract: A contract is an agreement made by interested parties to perform or withhold certain duties. A contract must not be made for unlawful acts. E.g. hiring someone commit murder, prevention of competition, price setting, etc. Protection of contracts stems from common law and also federal and local statutes.
In the specified case, fourteen applicants received a "conditional offer of employment" from a police academy training class. Their offer was subjected to successful completion of medical and psychological exam. However, later on, the plaintiffs were not offered employment despite passing the tests. Till then, the city has changed the selection criteria and these applicants were replaced by new ones. Offer refers to the situation when one party shows his willingness to enter into an agreement. The other party accepting this offer under specified conditions would be termed as acceptance. In this case, the city has proposed an offer by sending the "conditional offer of employment" that required the candidates to pass the medical and psychological exam. The candidates have successfully passed the specified exams, which show their acceptance. The offer is employment, with offeree (plaintiffs) having to fulfill the conditions in order to gain employment. The court viewed the letters sent as a unilateral contract. The city defend that the letter sent was a notification because the plaintiffs are not obliged to enroll in academy, hence it can't be binding on them. However, the court argued mutual obligation is only required in bilateral contracts where both parties agree to certain duties, not in unilateral contracts. Hence, it is concluded that it was a " unilateral contract."