Mutual Assent Self-Quiz
Sampson has a piece of property
that Delilah wants to buy. She has asked Sampson several times to sell
it to her but Sampson has always been hesitant. One night, Sampson and
Delilah go out for dinner and Delilah again asks Sampson if he would be
interested in selling his property to her. Sampson has no intention of
selling the property to Delilah but he tells her he will sell it to her
so that she will leave him alone about it. He even writes a contract of
sale on a napkin, signs it, and gives it to Delilah who signs it as well.
A week later, Delilah tries to pay Sampson for the land and take possession
of it. Sampson informs Delilah that he was never serious about selling
her the land and he refuses to let Delilah take possession of the property.
If Delilah sues Sampson for breach of contract, she will probably:
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Sampson is getting ready
to go on a job interview and decides he should probably have his hair
cut. He does not have the time to go to a proper hair dresser so he knocks
on his neighbor Delilah’s door and offers her $50 if she will cut
his hair. Without saying a word, Delilah leads Sampson to a chair and
proceeds to give him a hair cut. After Delilah has finished, Sampson refuses
to pay her. Delilah sues Sampson for the $50. At the trial, Sampson argues,
and Delilah admits, that Delilah never explicitly agreed to give him the
hair cut. Based on this argument, Sampson will win this case:
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It is a beautiful April
1st day in St. Louis and Big John is getting ready to umpire the opening
day baseball game between the St. Louis Cardinals and the Chicago Cubs.
During the first inning, Big John begins to feel strange. He calls a time
out and begins to walk to the Cardinals dug-out, but he collapses in convulsions
before he gets there. Carter, a doctor from Chicago who has driven to
St. Louis for the game is sitting a few rows behind the Cubs dug-out.
He immediately recognizes that Big John is having a heart attack and he
runs onto the field to help. Thanks to Carter’s medical training,
Big John survives the heart attack. A few days after the game, Carter
sends Big John a bill for his medical services. Big John refuses to pay
and Carter files suit. During the trial Carter admits that he never had
an explicit agreement to treat Big John and he was only acting as a good
samaritan but, he maintains that he should be paid for his services anyway.
Carter will probably win this suit:
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