Nick Rowland BUS-206 2-13-22 In the case Lucy vs Zehmer the missing contractual element Zehmer was arguing was the legality of it. He never actually intended to be serious about the sale of his farm and thought of the night as more or a joke than an actually legal contract. Even though his wife was there as a witness and had also signed the written-up contract he had whispered to her saying he was just joking. He also arguing they had been drinking and that during the time that Lucy wrote up the quick contract he had been drunk. At first within the trail court, they had gone in favor of the defendant (Zehmer) but the decision ended up being appealed. Judge Buchanan ruled in favor of the plaintiff (Lucy) for many reasons within this case. Zehmer had argued that the contract was just a joke and that he had no intention of selling his farm. When looking at contracts, “We must look to the outward expression of a person as manifesting his intention rather than to his secret and unexpressed intention” (McGraw-Hill Education, 2020). The contract that was written was straightforward and even though Zehmer had whispered to his wife that he was joking there was no expression to Lucy that this wasn’t a valid deal. In this case I agree with the overall ruling from judge Buchanan. I think there are always two sides to the story and in this case, there was plenty of valid evidence that ruled in the favor of the plaintiff (Lucy). I think the circumstances of when, where, and how the contract was written up could have been better but, in the end they had both agreed to the terms and signatures were captured. Zehmer had argued that he was drunk during the time of the contract negotiation but I think it was more of a tactic to use as evidence on his side in the case. He also argued that it was a joke and his wife knew it was a joke but there was no indication made to Lucy that he joking about the deal. When a contract is written up that clearly lays everything out and a witness is there to acknowledge it, I personally believe that a legal contract was made and signed. Nick Rowland BUS-206 2-13-22 When trying to come up with a scenario of a time when I entered into a contract without knowing it was binding, I struggled. Ever since I was younger my parents and grandparents always taught me to read through everything before actually signing or agreeing to it. This has always made me extra cautious when signing up for a cell phone or service provider. I think if it wasn’t for my family, I definitely would have made the mistake of doing so at some point in my life especially when I was younger and didn’t know better. Nick Rowland BUS-206 2-13-22 References Kubasek, N. K., Browne, M. N., Dhooge, L. J., Herron, D. J., & Barkacs, L. L. (2020). Dynamic Business Law. Elements of the Offer. McGraw-Hill Education. Retrieved February 13, 2022, from https://prod.reader-ui.prod.mheducation.com/epub/sn_3b37d/data-uuid6f4b100279b34dbfa70f2f0fd9af8db2.
