Antaisha Young Ms. Aleksandra Jagiella Business Law Dec 10 2023 6-1 Case Analysis: Lucy v. Zehmer In the case of Lucy v. Zehmer, Zehmer went out drinking with his friend Lucy. Sometime during this outing, a contract was signed whereby Zehmer agreed to sell the farm he owned to Lucy. Zehmer maintains he was drinking and joking with Lucy when he agreed to sell the farm. The key element of an agreement to be considered valid are mutual assent, a consideration amount, mental capacity, and age legality of both parties. When Lucy attempted to enforce the agreement between the parties, Zehmer refused to complete the sale, arguing that he had been drunk and the agreement was made as a tease. By stating he was drunk, Zehmer suggested that he did not have the mental capacity. The court stated that, based on the evidence provided, although the parties had been drinking that night, they were coherent enough to understand fully what was happening and what they were doing. Zehmer claimed he wrote out the contract as a joke and was not serious about it, although this thought wasn't expressed to Lucy. The court believed there was a good faith offer and a good faith acceptance, hence the court striking down Zehmer's claim of lack of mutual assent. The court agreed in favor of Lucy, the plaintiff, to enforce the agreement regarding the sale of the property.
I agree with the court's findings because although there was drinking involved, the issue of writing out an entire contract, agreeing on an amount, and both parties signing should account for something. With Zehmer being the producer of the contract and idea whether it was a joke or not he should be held accountable for making Lucy believe this idea was true. Although Lucy was ill-informed of the trick, one thing that stood out for the court is the fact that Zehmer priced the property reasonably and the manner was fair. Both parties agree under these terms and the contract should be upheld. I have verbally entered into many contracts unknowingly, but one specifically I remember is when timeshare conventions were at an all time high. I mistakenly accepted an invitation from a recruiter thinking it was a free trip with free hotel accommodations. As I checked in to my hotel room I received an itinerary listing all of the speakers and presentations I would have to attend in order for the entire weekend to be compensated. Although I committed myself to sit through one maybe two presentations or seminars, I had only spoken to the recruiter once and had signed paperwork committing to an entire day of speeches. While I looked forward to enjoying I few I had agreed, in black and white, to sit through most of them or I would not be compensated or reimbursed for the hotel stay and plane ride.