CH Module 6 Case Analysis.docx CH-6 Case Analysis of Lucy v. Zehmer Southern New Hamp

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CH Module 6 Case Analysis.docx CH-6 Case Analysis of Lucy v. Zehmer Southern New Hampshire University Business Law I Reviewing the case of Lucy v. Zehmer, and the sale of Ferguson Farms, the co... ntractual element Zehmer contended was missing was that of mental assent. Zehmer (the seller and defendant) argued that he was drunk and the agreement to sell the property was done jokingly. Zehmer™s contention to mental assent is void as it is not a legal requisite of both parties for the creation of a contract. The evidence which included the actions of Zehmer along with the disclosure in court that drinking did occur but not to an extent that they were unable to fully understand what they were doing showed that Lucy (the plaintiff) was justified in believing the contract represented a valid business transaction and a good faith sale and purchase of the farm. The trial court ruled with the defendant (Zehmer) that the contract was void, this ruling was later appealed by the plaintiff (Lucy) in the Supreme Court. Justice Buchanan reversed the ruling of the trial court and ruled in favor of the plaintiff (Lucy) citing that œwe must look to the outward expression of a person as manifesting his intention rather than to his secret and unexpressed intention (Kubasek, et al., 2020). Examining whether a party has made a valid offer, the words and actions of the party are translated according to a reasonable person standard. According to Kubasek, et al., 2020 œif the words or other acts of one of the parties have but . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .. .. . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [Show More]

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