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Topic:

IRAC Writing: Verbal Communication and Contracts

Essay Instructions:

Writing Portion
Please read the scenario and answer the question in the following pages. PLEASE USE I.R.A.C.
Jackie, a wealthy movie actress from Hollywood, decided to leave the busy city and move to peaceful northern California. When looking for a house, Jackie decided to look at wine country, Napa Valley. In the center of Napa Valley, Jackie found one of a kind castle with acres of vineyards, the castle had 100 year-old colored stones no longer available on the market. Jackie contacted the seller, Danny, and asked Danny what the price was. Danny stated that the price was ten million dollars ($10,000,000) but he already had an offer from his friend, Paul, for eight million dollars ($8,000,000). Anxious about assuring the property, Jackie offered Danny one thousand dollars ($1000) to keep the offer of ten million dollars ($10,000,000) open for a month. Not having a better offer Danny agreed. A day later, Paul heard about Jackie’s offer and decided to offer Danny eleven million dollars ($11,000,000) cash but Danny had to move out by the end of the week and accept the offer by the end of the day. Excited about the possibility of being able to finish the sale, Danny verbally accepted Paul’s offer and told Paul, “I don’t need to move, the castle is already move in ready.” The next day, Paul hired a moving company and began to move all his furniture, clothes, and personal belongs. Paul also noticed that the back porch was not big enough so he built a new porch with authentic California redwood. Besides building a new porch, Paul also painted the interior of the castle a lighter color.
When Jackie found out that Danny sold the property to Paul, Jackie got upset and told Danny, “I will find the best lawyer in California and sue you!” Danny replied to Jackie, “I have the right to revoke my offer whenever I want to, I will mail you a check with your one thousand dollars.” After only being in the castle for three weeks, Paul gets a call from Danny. Danny stated that he will have to cancel the property contract because the selling of the castle has only caused problems. Danny states that the contract was never in writing and Paul cannot ask a court to enforce it.
Paul comes to your office and is wondering whether there are any defenses that Danny may bring up to stop the enforcement of the contract? He wants to make sure that Danny cannot stop him from keeping the Napa Valley Castle. (Hint: You are Paul's attorney, not Jackies.) Plagiarism is not accepted.

Essay Sample Content Preview:
Name
Instructor
Course
Date
Midterm – IRAC Writing
Issue
Can the agreement or contract between Paul and Danny be enforced although it was through verbal communication?
Rule
The rule relevant in the present case is Article I, Section 10, Clause 1 of the United States Constitution, which is the Contract Clause. According to the rule, a legally binding contract/agreement should provide evidence of three elements, namely: offer, acceptance, and consideration (Constitution Annotated).
Analysis
A verbal contract is as binding as a written agreement. However, there is a limitation in verbal contract in that it does not provide substantial evidence of the three markets that render a contract legally binding. As such, success in ensuring that the court considers Paul as the legal purchaser of the castle in Napa requires developing an argument that provides evidence of the three enforcing tenets of a contract. Paul a contract, and Jackie accepted it indicates that he is the only person with a legal right to assume ownership of the castle. Notably, money transactions between Paul and Danny and Danny's renovation of the castle are adequate evidence of the agreement's enforceabili...
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