business law db4
Read: Lambert v. Barron 974 So.2d 198 in LEXIS or Nexis-Uni
[Textbook ref: Problem 5, page 361]
also at, https://caselaw.findlaw.com/la-court-of-appeal/124…
- Do you agree or disagree with the decision in the Lambert case. Explain by making EXPLICIT reference to any of the principles of Contract Law (say which one(s) you are using) that are in the Chapter. Please refer to at least some principles, and cite the page number that they are on, in order to receive a satisfactory score.
Answers:
In the Lambert v. Barron case, the issue was whether a contract was formed between the parties for the sale of a piece of land. The court found that no contract had been formed because the parties had not reached a meeting of the minds regarding the essential terms of the contract, such as the purchase price and payment terms.
This decision is consistent with the principle of mutual assent, which is discussed on page 350 of the textbook. Mutual assent requires that the parties to a contract agree on the essential terms of the contract. In the Lambert v. Barron case, the court found that the parties did not have a mutual understanding of the essential terms, which prevented the formation of a contract.
Additionally, the court also relied on the principle of definiteness, which is discussed on page 356 of the textbook. Definiteness requires that the terms of a contract be clear and specific enough to allow for enforcement of the agreement. In the Lambert v. Barron case, the court found that the terms of the purported contract were too vague and indefinite to allow for enforcement.
In conclusion, the Lambert v. Barron case is an example of how the principles of mutual assent and definiteness are critical to the formation of a contract. The court’s decision in this case was consistent with these principles and underscores the importance of having clear and definite terms in any contract.
