Frank arranged with Lank, a retired Lecturer in history, to give Frank’s son, Si

Question

Frank arranged with Lank, a retired Lecturer in history, to give Frank’s son, Simon, a course of two one-hour lessons a week for ten weeks to prepare him for his final year History exams. It was agreed that Frank would pay Lank $250 at the beginning of the course and a further $750 at the end. After five lessons, Simon had a nervous breakdown and was obviously not going to be able to take the examinations. Frank therefore cancelled the rest of the course. Lank had spent a considerable amount of time preparing the classes and had bought the latest edition of the set text books.

ASSIGNMENT: Advise Lank legally citing all relevant sources and explaining fully in a memo, and Give your opinion on Florida’s statutes concerning any three (3) defenses to contracts. What are they and do you agree with them as written? Why/why not?

Explanation / Answer

No action could be taken in this case as this was mutual voluntary payment decision between two parties without any written consent. There is no enforceable obligation to make the payment. Some note or memorandum thereof shall be in writing and signed by the party to be charged therewith or by some other person by her or him thereunto lawfully authorized.

The defenses for a breach of contract can be such that defendant might assert that no breach was committed because the parties never actually formed a contract due to the lack of an offer, an acceptance, consideration, mutuality of obligation, or a writing. Other defense may be of privities. The parties do not have a binding contract between each other because they are not in privities of contract. Tithe contract had to be documented in writing because of the nature of the agreement

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