Jennifer did intend to enter into an agreement with Craig. Therefore, there is a valid enforceable contract.
The rule is the Winston four factors. The first factor is the expressed reservation. The second factor is a partial performance in the contract. The third factor is if all the terms discussed. Lastly, the agreement should be in writing.
In Ciaramella v. Reader’s Digest Associations, the court used the Winston four factors. Winston consists of four factors that are used to determine whether a contract should be valid and enforced. The first factor is expressed reservation. In the Winston test, express reservation would be the language of the contract. For example, in Ciaramella, the language of their contract would imply that they were not to be bound unless parties signed the document. In the contract it stated “this Settlement Agreement and General Release shall not become effective (‘the effective date’) until it is signed”(Ciramella v. Readers Digest). This is expressed language; the parties would be bound once they have signed the agreement. The parties have expressed their agreement to be bound, but only once the contract has been signed by the parties that intent to be bound.
The second factor is partial performance. A partial performance is when someone does something partially. In the Ciaramella case, there was no partial performance and the example that was used was that RDA did not pay Ciaramella money before the district court enforced a settlement. If one of the parties wanted to be bound, then they would have made some sort of effort in which would be sufficient for there to be a partial performance.
The third factor is that the contract must be properly discussed; all of the ...
... middle of paper ...
...which are essential to the contract. Therefore, the terms were discussed
The last factor of the Winston test is that if the agreement should have been in writing. In Jen’s case, she did make a contract both orally and also in writing. The contract was made orally when Craig offered her a price and she accepted it. Then she wanted a written contract in which he was fine with it and agreed. The written contract mentioned what they discussed in the oral contract, which meant the price and the selling the van “as is.” Jen’s intent was to sell the van and Craig’s intent was to purchase the van with the price that they agreed. Both parties did intend to be bound to a contract. Therefore, the agreement was in writing.
After weighing in all of the facts and the Winston test, I would be obliged to say yes, there was an enforceable contract between the parties.
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