Lucy v.Lehmer BUS LAW
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School
Southern New Hampshire University *
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Course
BUS-206-T2
Subject
Law
Date
Feb 20, 2024
Type
docx
Pages
2
Uploaded by ChiefGrousePerson582
To summarize the case of Lucy v. Zehmer we start with Lucy who throughout the years has been trying to buy Zehmer’s farm. The night the contract happened, Lucy approached Zehmer and bet that he wouldn’t sell the farm for $50,000. I believe this was attempting some type of incentive to Zehmer even though he may not be ready to sell the farm. As the night continued, both Lucy and Zehmer continued to drink excessively. Zehmer ended up writing up a contract to sell the farm to Lucy. Lucy then hired a lawyer who validated the contract. When Zehmer was approached about the contract he claimed it was not valid and that he was joking about selling the farm to Lucy. The contractual element that was missing was intent. One of the first elements of a contract is intent which involves that the offeror must show intent to be bound to the offeree’s acceptance (Kubasek 2020). Zehmer states that the entire situation was a joke and that when he handed the contract to his wife to sign on that night that he also whispered to her that it was all a joke.
The court found in favor of the defendant but after an appeal by Lucy they won the case
in the final ruling. The reason the ruling ended up this way is because in the end Zehmer still signed the contract that he made and pretty much went through with it on that night. Even though he was drunk and claims it was a joke the court found evidence of agreement when Lucy stated that he put $5 down that night as a promise, because Zehmer accepted the money he is agreeing to the deal. Even though Zehmer stated her was “joking’ he never once said it to Lucy.
In this case of Lucy v. Zehmer, I agree with the court’s ruling. Lucy had been acquiring about purchasing the farm for years. Zehmer had to of known that Lucy was serious about buying the farm. Even though they were drinking, Zehmer was still the one that wrote about
the contract. He also excepted the $5 down payment. If he did not want to go through with the deal, he should have told Lucy he did not want to sell, and he was just joking about selling instead of whispering it to his wife for no one to hear. As the book says, “we must look to the outward expression of a person as manifesting his intention rather than to his secret and unexpressed intentions.” (Kubasek 2020)
The only contract I have knowingly entered was my current lease agreement. I entered a yearlong contract where I would put down a security deposit and pay monthly rent. The contract included all the factors mentioned above and was a formal document we both signed. I have now been living here almost three years and I have never been asked to sign another agreement. My landlord has made it clear he loves having me here and doesn’t think it’s necessary to have me sign another lease agreement. With have a verbal contract now that I will give him at least 2 months’ notice when I am planning to move out. At this point I feel all the elements of the agreement I signed in my book are still intact. I would be concerned about possibly getting kicked out for no reason but, I trust my landlord enough to know he wouldn’t do anything like that without warning.
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