Business Law Creation of Offers Business Management & Administration Lesson Plan
Lesson
Plan
Performance Objective Upon completion of this lesson, the student will be able to distinguish a legal contract. Specific Objective  Students will list the elements required to form a contract.  Students will describe the requirements of an offer. Terms  Offerer ‐ the party who communicates a serious, definite offer.  Offeree ‐ the party to whom an offer is made.  Offer ‐ a proposal by an offerer to do something, provided the offeree does something in return.  Contracts ‐ agreements between two or more parties that create obligations. Time When taught as written, this lesson should take approximately 1 ‐ 2 days to teach. Preparation
Preparation TEKS Correlations: This lesson, as published, correlates to the following TEKS. Any changes/alterations to the activities may result in the elimination of any or all of the TEKS listed. 130.117. (c) Knowledge and Skills (2) The student identifies the principles of contracts in business. The student is expected to: (A) explain the nature and classes of contracts 130.117. (c) Knowledge and Skills (5) The student researches negotiable instruments. The student is expected to: (A) explain the nature of negotiable instruments (B) identify the essentials of negotiability (C) explain promissory notes and drafts Interdisciplinary Correlations: College Readiness and Study Skills  110.48(b)(2)(A). The student is expected to expand vocabulary through wide reading, viewing, listening, and discussion.  110.48(b)(2)(F). The student is expected to use context to determine meanings of words and phrases such as figurative language, idiomatic expressions, homonyms, and technical vocabulary.  110.54(b)(4)(D). The student is expected to summarize texts by identifying main ideas and relevant details.  110.47(b)(7)(A). The student is expected to read silently or orally such as paired reading or literature circles Copyright © Texas Education Agency, 2013. All rights reserved. 1 for sustained periods of time. Occupational Correlation (O*Net – www.onetonline.org/): Job Title: Purchasing Managers O*Net Number: 11‐3061.00 Reported Job Titles: Purchasing Manager, Materials Manager, Director of Purchasing, Commodity Manager Tasks: Represent companies in negotiating contracts and formulating policies with suppliers. Direct and coordinate activities of personnel engaged in buying, selling, and distributing materials, equipment, machinery, and supplies. Prepare and process requisitions and purchase orders for supplies and equipment. Develop and implement purchasing and contract management instructions, policies, and procedures. Soft Skills: Negotiation, Persuasion, Critical Thinking, Social Perceptiveness, Time Management Accommodations for Learning Differences It is important that lessons accommodate the needs of every learner. These lessons may be modified to accommodate your students with learning differences by referring to the files found on the Special Populations page of this website. Preparation  Select an article about a controversial topic from the newspaper. Read the article in class and ask students to voice their personal opinions regarding the topic. Ask students to search the Internet for information and opinions that are opposite of the viewpoints expressed in the newspaper. Emphasize how the Internet enhances the free flow of information.  Survey the class to determine how many students personally use the Internet each day. Then survey to the class to determine if the use of the Internet is for school, current information, games, e‐mail, or other reasons. Ask how many students use the Internet to make purchases. Then explain how society has become addicted to using the Internet. References  Local newspapers  Television Network Newscasts and the Internet  State of Utah Business Law Curriculum: http://schools.utah.gov/cte/business_resources_law.html Instructional Aids  “Creation of Offers” Presentation  Internet  “Requirements for Contracts Flash Card Assignment” Assignment  Rubric for “Requirements for Contracts Flash Card Assignment”  “Write a Case” Assignment  Rubric for “Write a Case” Assignment Materials Needed: Copyright © Texas Education Agency, 2013. All rights reserved. 2 
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Construction paper Scissors and glue Poster board Equipment Needed:  Computers for students to complete projects  Projector for presentation Introduction Introduction
Ask students what are the constitutional issues involved in the use of electronic communication. Freedom of speech and privacy rights are both being challenged by the widespread use of the Internet. Individuals must realize that their Internet communications are not private. E‐mails are not private when using company’s e‐
mail system. Ask students if the Internet should be regulated, like television or given more freedom, like newspapers and magazines. Does the United States have the ability to control what is put on or transferred within the Internet throughout the world? Students should defend their positions. Ask students to create scenarios in which each of the freedoms they enjoy can be pushed too far. Ask students how insulting, intrusive, or disrupting a statement relating to religious icons, races, ethnicities, public figures, emergency situations, etc., can be before the law should step in to control what is being said. Copyright © Texas Education Agency, 2013. All rights reserved. 3 Outline
Instructors can use the presentation, slides, handouts, current events, the Internet, and note pages in conjunction with the following outline. MI Outline
Instructor Notes
Contracts must have a I. Essential Elements for a Contract legitimate offer and A. Offer and Acceptance 1. Agreements‐to go to the movies acceptance. 1. or on a dinner date offerer‐person who makes the offer A.
Offer
must
be
communicated
to
Any deception or unfair 2.
offeree‐the person to whom the
pressure will make a contract the offer is made void. B. Genuine Assent‐the agreement must not be based on one party’s The offer and acceptance for deceiving another, on an important a contract must be legal. mistake, or on the use of unfair pressure exerted to obtain the offer or Both parties to the contract acceptance must be getting something. C. Legality‐agreement cannot involve a crime or tort Minors, individuals under the D. Consideration‐both sides receiving influence, and individuals what the law considers value in some without the mental capability form as a result of the transaction do not have the capacity to E. Capacity‐parties must have the legally enter into a contract. legal ability to contract for themselves F. Writing‐some agreements must be Ask students why it is placed in writing to be fully important for contracts to be enforceable in court in writing. II. Requirements of an Offer A. Contractual intent must be present Jests are examples of puffing 1.Jests‐the law is not concerned and not legitimate offers. with what is actually in the mind of a person making what might be Contracts are void if the offer considered an offer (jokes may not is made in a state of anger. be offers) 2. Statements made in anger or Striking a conversation does terror not equal an offer. 3. Preliminary negotiations
a. communication to induce
someone to initiate
bargaining
b. not seen by the law as an
intent to contract
Copyright © Texas Education Agency, 2013. All rights reserved. 4 Breaking a social date is not A4 breaking a contract. Breaking a social date is not Terms of a contract must be breaking a contract. thorough. C Terms of a contract must be thorough. 4. Social Agreements-to go to the
movies or on a dinner date
B. Offer must be communicated
to the offeree
C. Essential terms must be complete and definite 1. Complete
a. a proper legal description
of the real estate b. price
c. full terms for payment
d. date for delivery of possession
Multiple Intelligences Gui e. date for delivery of the
deed
2. Definite
Multiple Intelligences Guide Existentialist Interpersonal Intrapersonal Kinesthetic/ Bodily Logical/ Mathematical Musical/Rhythmic Naturalist Verbal/Linguistic Copyright © Texas Education Agency, 2013. All rights reserved. 5 Visual/Spatial ASummary
pplication Guided Practice Using the lesson presentation, the teacher will explain legal offers for a contract. Read examples to the class and ask students if an offer exists. Make sure to give examples of legal offers, jests, statements made in anger, social arrangements, and preliminary negotiations. Ask students what distinguishes a contract from other agreements. Contracts will be enforced by the court of law. Independent Practice  Requirements for Contracts Flash Card Assignment: Ask students to design a set of six flash cards that represent the six major requirements for a legally enforceable contract. One side of the flash card should have the requirement written on it and a definition. The other side of the flash card must show a picture that represents the concept.  Write a Case: Split the class into teams with two members. Each team must write two case studies ‐ one that represents a legal contract and one that doesn’t meet the requirements of a legal contract. All cases will be compiled and students will look at each case to see if it has the six elements necessary for a legally enforceable contract. Summary Review
Review Q: What elements are required to form a legally enforceable contract? A: The elements are offer and acceptance, genuine assent, legality, consideration, capacity, and writing. Q: What are the requirements of an offer? A: The offer must have contractual intent, be complete and definite, and in some fashion be communicated to the offeree by the offerer. Q: Can a joke be enforced as an offer? A: Yes. See above. Q: How can a minor enter into an enforceable contract? A: With a co‐signer who does meet the legal age requirement INVITATION vs. ACTUAL OFFER Most advertisements are not complete and clear because they do not address the question of having limited merchandise to offer for sale. Instead, they invite a consumer to make an offer to buy one of the limited items. Analyze five television commercials and explain why each commercial is an invitation and not an offer. Design a newspaper advertisement for a department store that represents an invitation. Explain how the advertisement is an invitation. Copyright © Texas Education Agency, 2013. All rights reserved. 6 Evaluation
Evaluation Informal Assessment  Instructor will observe students during Independent Practice.  Instructor will assist students as needed. Formal Assessment Use the assigned rubric to evaluate the projects assigned for Independent Practice. Enrichment
Enrichment Extension Videotape one or more television commercials. Show the commercial in class and ask students to identify words that make the commercial appear to be either offers or invitations to make offers. Flash the following words during a presentation: art gallery, museum, university, literature, lyrics to a popular song, peaceful demonstration. Then ask students if any of these activities might be offensive to certain groups. How would the standard of obscenity be determined? Copyright © Texas Education Agency, 2013. All rights reserved. 7 Business Law ‐ Creation of Offers Independent Practice Assignment #1 Requirements for Contracts Flash Card Assignment Student Name: ________________________________________ Your team must design a set of six flash cards that represent the six major requirements for a legally enforceable contract. One side of the flash card should have the requirement written on it and a definition. The other side of the flash card must show a picture that represents the concept. This project will be evaluated with the associated rubric. Copyright © Texas Education Agency, 2013. All rights reserved. 8 Requirements for Contracts Flash Card Business Law ‐ Creation of Offers Independent Practice Assignment #1 Rubric Student Name: ________________________________________ CATEGORY 20 15 10 Attention The student gives a The student gives a The student gives a to Theme reasonable explanation reasonable fairly reasonable of how every item in the explanation of how explanation of how collage is related to the most items in the most items in the assigned theme. For collage are related to collage are related to most items, the the assigned theme. the assigned theme. relationship is clear For many of the without explanation. items, the relationship is clear without explanation. Creativity Several of the graphics or One or two of the One or two graphics or objects used in the graphics or objects objects were made or collage reflect an used in the collage customized by the exceptional degree of reflect student student, but the ideas student creativity in their creativity in their were typical rather creation and/or display. creation and/or than creative (e.g., display. apply the emboss filter to a drawing in Photoshop). Time and Class time was used Class time was used Class time was not Effort wisely. Much time and wisely. Student could always used wisely, effort went into the have put in more time but student did do planning and design of and effort at home. some additional work the collage. It is clear the at home. student worked at home as well as at school. Titles and Titles and text were Titles and text were Titles and text were Text written clearly and were written clearly and written clearly and easy to read from a were easy to read were easy to read distance. Text varied in close‐up. Text varied close‐up. There was color, size and/or style in color, size and/or little variation in the for different text style for different text appearance of text. elements. elements. Design Graphics are trimmed to Graphics are trimmed Graphics have been an appropriate size and to an appropriate size trimmed to an interesting shape and are and interesting shape appropriate size and arranged well, some in and are arranged with shape, but the front and some behind. some items in front arrangement of items Care has been taken to and others behind. is not very attractive. balance the pictures The canvas however It appears there was across the canvas. does not appear not a lot of planning of balanced. the item placement. Total Score___________ Maximum 100 Points Copyright © Texas Education Agency, 2013. All rights reserved. 9 5 or less The student's explanations are weak and illustrate difficulty understanding how to relate items to the assigned theme. The student did not make or customize any of the items on the collage. Class time was not used wisely and the student put in no additional effort. Titles and/or text are hard to read, even when the reader is close. Graphics are untrimmed or of inappropriate size and/or shape. It appears little attention was given to designing the collage. Business Law ‐ Creation of Offers Independent Practice Assignment #2 Write a Case Student Name: ________________________________________ Your team must write two case studies ‐ one that represents a legal contract and one that doesn’t meet the requirements of a legal contract. All cases will be compiled and students will look at each case to see if it has the six elements necessary for a legally enforceable contract. Your cases must include extensive information for the rest of the class to determine if all essential elements of a contract exist. This project will be evaluated using the associated rubric. Copyright © Texas Education Agency, 2013. All rights reserved. 10 Write a Case Business Law ‐ Creation of Offers Independent Practice Assignment #2 Rubric Student Name: ________________________________________ CATEGORY Writing Process 20 Student devotes a lot of time and effort to the writing process (prewriting, drafting, reviewing, and editing). Works hard to make the story wonderful. 15 Student devotes sufficient time and effort to the writing process (prewriting, drafting, reviewing, and editing). Works and gets the job done. 10 Student devotes some time and effort to the writing process but is not very thorough. Does enough to get by. 5 or less Student devotes little time and effort to the writing process. Doesn't seem to care. Focus on Assigned Topic The entire story is related to the assigned topic and allows the reader to understand much more about the topic. Most of the story is related to the assigned topic. The story wanders off at one point, but the reader can still learn something about the topic. Some of the story is related to the assigned topic, but a reader does not learn much about the topic. No attempt has been made to relate the story to the assigned topic. The story is pretty well organized. One idea or scene may seem out of place. Clear transitions are used. The story contains a few creative details and/or descriptions that contribute to the reader's enjoyment. The author has used his imagination. The story is a little hard to follow. The transitions are sometimes not clear. Ideas and scenes seem to be randomly arranged. The story contains a few creative details and/or descriptions, but they distract from the story. The author has tried to use his imagination. There is little evidence of creativity in the story. The author does not seem to have used much imagination. Organization The story is very well organized. One idea or scene follows another in a logical sequence with clear transitions. Creativity The story contains many creative details and/or descriptions that contribute to the reader's enjoyment. The author has really used his imagination. Accuracy of Facts All facts presented in Almost all facts Most facts presented the story are accurate. presented in the story in the story are are accurate. accurate (at least 70%). Total Score __________ Maximum 100 Points Copyright © Texas Education Agency, 2013. All rights reserved. 11 There are several factual errors in the story.