Posted: December 6th, 2014

Business Law, breach of contract

Business Law, breach of contract

After graduation from University of California, Los Angeles (UCLA), Penelope moved to and worked as a computer software engineer in, San Francisco. On a January night

in 2008, feeling that her working life of six years is going nowhere, and her social life (just broke up with boyfriend of 3 years) souring, Penelope decided she was

not happy with her situation and in need of change. As she began typing her letter of resignation the phone rang, it was Deborah, her rich grandaunt from North Ranch,

Ventura County.
After an exchange of pleasantries, Deborah said: “I am 86 and very sick. Having nurses 24/7 does not seem to help. My doctor says I do not have the will to live, and

that I need to be with family, with people who cares, who loves me. You are my favorite niece and I remember we enjoyed each other’s company when you lived in LA. So,

will you move back to LA? Come live with me, and take care of me.” Penelope was so surprised to hear from her grandaunt, she hesitated in responding, so Deborah

continued> “You know, if you live with me, you will not have to worry about living expenses… Tell you what, I will leave you the house when I die. I believe the

present worth is $4 million.”
So, in February 2008, Penelope resigned her job *at that time, her annual salary was $90,000), sold her two bedroom condo, packed up and moved back to LA to live with

Deborah. Penelope made certain changes to the house: For the living room Penelope got rid of the dark colored curtains and replaced them with brightly colored ones,

and she replaced all the heavy baroque brocaded furniture with bright colored cotton covered ones. She changed the library into a “family room”. Against one wall, she

removed the wall-to-wall ceiling-to-floor book shelves and installed entertainment system with a 52 inch plasma TV, stereo and speaker equipment, DVD player and a

number of video games. For the wall perpendicular to the entertainment systems, Penelope removed shelves and installed windows; three panels of 3 feet wide x 6 feet

long each. With regard to the wall that leads to the garden, Penelope installed a four-paneled French Windows that allowed access from the library to the huge garden

outside. Upstairs, she broke down two bedrooms to create a suite for herself, including a large walk-in dressing room and closet, and a luxurious bathroom, including a

fancy shower stall and a sunken hot tub with jet streams.
Penelope spent most evenings and weekends with Deborah, they discussed issues from the newpapers, TV, and books. They watched DVDs and Penelope subscribed to Netflix

so that they could watch movies. Penelope even taught Deborah how to play the simple video games on the huge TV. Deborahs health went through periods of improvement

and decline. During good periods, they took walks around the neighborhood, went to restaurants and theaters, and travelled within the USA. On weekends Penelope invited

friends over for barbeque and parties.
In February 2014, Deborah died. At the reading of her will, Penelope found out Deborah left the house to her son, Basil, who did not visit his mother, not even once

during the 6 years Penelope lived with Deborah, and as far as Penelope know did not keep in touch with Deborah by phone or mail. Basil evicted envelope in March 2014

and moved into the house.
Penelope sues Deborah’s Estate and Basil for breach of contract.
Hi writer, read this before you start writing this paper:
– Everything in parenthesis is me trying to explain what need to be written.
– Only write under my elements or sub-elements as E1 and E2 or SE1 and SE2 (and Judgment)
– No research is necessary except if you need to know how much example the entertainment system costs, just take an average price or what you think. Do not quote

specific laws, just general like Mirror image rule, Bilateral vs Unilateral contract, One year rule, and Statute of frauds.
– My teacher needs to know why and how in everything, explain good and professionally. And don’t just copy the facts, explain why this is relevant and how this affect

the Plaintiff or Defendant case.
– And my teacher is really strict on making everything fit together, so try not to contradict yourself.
– When writing, format it like this:
Plaintiff Case
Offer:
E1 Serious Intent: TEXT
E2 Define Terms:
SE1 Parties: TEXT
– That’s it, contact me if you have any questions, and thanks!

Rubric for the paper:
Issue One: Was there a Valid Contract? yes, because..
Plaintiff Case (Penelope is the Plaintiff);
Offer:
E1 (element 1) Serious Intent: (here you need to write about why and how the Defendant was serious with the offer to the Plaintiff)
E2 Define Terms: (this is divided up in to sub elements, SE1 to SE4. Here you just define the terms in how it is relevant to the offer on the Plaintiffs side, what it

is and what it has to do with the case. It will be linked up with the Mirror Image Rule)
SE1 Parties: (short about who the parties are and there relationship)
SE2 Subject: matter and Price (the subject matter is the house, and the price would be the estimated value of the house)
SE3 Delivery: (what are the delivery terms, if there are any)
SE4 Payment: (the house would be the payment)

E3 Communication: (how they communicated with the offer)
Acceptance:
E1 Mirror Image Rule: (Define the rule)
(Here you need to write about all the terms in the offer and how they do not change as the mirror image rule says: the rule of contracts that prohibits an offeree

(person who receives the offer) from changing the terms of that offer.) (Remember, state the terms and why and how it relates to this part – the offer on the

Plaintiffs side)
SE1 Parties: (short about who the parties are and there relationship)
SE2 Subject matter and Price: (the subject matter is the house, and the price would be the estimated value of the house)
SE3 Delivery: (what are the delivery terms, if there are any)
SE4 Payment: (the house would be the payment)
E2 Communication: (how they communicated with the acceptance)

Consideration:
E1 Bargained for Exchange:
E2 Legal Benefit:
E3 Legal detriment:

Defendant’s Case
Was there a Valid Contract? (no)
Challenges:
E1 Serious Intent: (describe how and why the offer was not serious)

E2 Mirror Image Rule: (here you need to write about all the terms in the offer and how one or more DO change. Related to the offer on the Defendants side)
SE1 Parties: (short about who the parties are and there relationship)
SE2 Subject matter and Price: (the subject matter is the house, and the price would be the estimated value of the house)
SE3 Delivery: (what are the delivery terms, if there are any)
SE4 Payment: (the house would be the payment)

Revocation of Offer:
E1 Before Acceptance:
E2 Words/Action:
E3 Communication:

Plaintiff’s Challenge to Revocation:
E1 Before Acceptance and/or Exception*:

*Exception
E1 Promissory Estoppel:
SE1 Promise:
SE2 Inducement:
SE3 Justifiable Reliance:
SE4 Justice:

Issue Two: Was here a Valid Enforceable Contract?
Defendant’s Case: No, because…
E1 Interest in Land

Plaintiff’s Challenge:
Partial performance
E1 Payment in Full:
E2 Substantial Improvement:
E3 Taken Possession:

One Year Rule:
E1 Define One Year Rule:
E2 Relate to this case:

Plaintiff’s Challenge:
E1 Performance and/or Exception*:

*Exception
E1 Promissory Estoppel:
SE1 Promise:
SE2 Inducement:
SE3 Justifiable Reliance:
SE4 Justice:

Judgment:  (Explain why and how the party won, why it makes most meaning to rule in favor of this party. )

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