Question 1

Affordable Plumbing Supplies company contract with Zach’s enforceability depends on; if the valid contract is binding legally or through a statute or a law. An unenforceable contract is a valid contract that cannot be enforced due to some legal defenses against it. In this case, the Affordable plumbing company offered to enter into a new agreement with Zach and, thus, had to modify the terms of the first contract. Therefore, if both parties agree then the contract is enforce­able. Parties to a contract can agree in writing to enter into a new agreement or decide to modify the terms of the first agreement. Furthermore, a legal defense against enforceable contract is valid if the deal is in the form prescribed by the law (oral or written contract). The agreement must have been formed voluntarily without fraud, mistake, undue influence or coercion. Therefore, if Zach agrees to the offer and both of them perform the contract, then it is an enforceable contract.

Question 2

The issue in question is whether an oral contract is a valid contract. In an enforceable contract, the agreement or contract must be in proper form. In some instances, it is essential to have a deal in written form. However, there are some exceptions to the written requirement. Contracts that are required to be in writing are contracts that involve the sale of land and those that are impossible to perform within a year of formation of the deal. Other written contacts include collateral arrangements or promise to pay debts, marriage contracts, or a commitment made in marriage, and an agreement for the sale of goods with a value higher than $ 500. Therefore, in the case of Recounter, they cannot plead lack of written contract because an employment contract is performable within a year. Trista can be reinstated or paid.

Question 3

The issue is if Meals Incorporated can rescind the contract and be restituted. Rescinding is an action to undo an agreement and take the parties to the position they were before the deal commenced. Restitution occurs in a breach of contract where the party that has breached the contract returns the goods or funds paid. Rescission is available by statute law, and the party wishing to rescind the contract must inform the other party so that they can make restitution to one another. Restoration occurs when the party returns the property or funds given after the other rescinds the contract. Therefore, Meals incorporated can cancel the contract and obtain restitution for the money paid to Lunch Trucks Incorporated.

Question 4

The issue in this question is the determination of whether Newton Motors breached the contract. Firstly, it must it is crucial to note if both parties have formed a deal because the essential part of a contract is an agreement. Therefore, in a transaction, there must be an offer and acceptance. In this instance, Newton motor made an offer which was later accepted by O’Reilly. However, termination of an offer can occur by law through lapse of time. If an offer has a specific date then it will expire on that date at midnight.  In this matter, Newton Motors breached the contract because the offer was accepted before the time lapse.

Question 5

The main issue in this case is if Erin can be bound by an offer of acceptance after Garth’s initial rejection of the offer. Rejection is one of the ways an offer can be terminated. If the offeror reasonably gave an offer with a specific timeline and the offeree rejected the offer, then later changed his mind to accept the offer then the second acceptance does not bind the offeror. Any attempt to accept the offer is seen as a new offer, and the other party can reject the proposal entirely. Therefore, Erin is correct in her assessment that repudiation or rejection of the offer released her from the duty to perform the contract.