1. Define contract; is every agreement a contract? Why? What ideas enter into contract?
2. What are the essential elements in contract?
3. Define (a) formal contracts; (b) simple contracts; is a written contract not under seal a simple contract? Define unilateral contract; bilateral contract.
4. What is meant by "party" to contract?
5. What is the general rule as to capacity to contract?
6. Who are "minors"?
7. A, sixteen years of age, makes a contract with B for the purchase of an automobile. B fails to perform. A sues B. B's defense is that A is a minor. Will it prevail?
8. Is a minor liable for his necessaries? On what theory?
9. A, a minor, contracted for a course of stenography. Assuming (1) that she took the course, could she be made to pay the tuition fee? (2) That she paid for the course in advance, but did not take it, could she recover the fee? (Mauldin v. S. S. & B. U., 60 So. (Ga.) 358.)
10. "The jury found that at the request of the defendant, then an infant, the plaintiff paid for him a board bill which he had previously contracted while attending school." Can plaintiff recover? (Kilgore v. Rich, 83 M 305, 12 L. R. A. 859.)
11. A is an infant. He asks B to loan him $100, which B does. Afterwards A spends the money for necessaries and consumes them. B sues A and A pleads his minority as a bar. Is it a good defense? (Kilgore v. Rich, supra; 194 111. Ap. 509.)
12. Are the following articles necessary for a minor:
(a) a horse (Rainwater v. Durham, 10 Am. Dec. 637; Hart v. Prater, 1 Jur. 623) ;
(b) a watch (Peters v. Fleming, 6 M. & W. 42) ;
(c) jewelry (Ryder v. Wombell, L. R. 3 Exch. 90; Leflls v. Sugg, 15 Ark. 137) ;
(d) a college education (Middlebury Col. v. Chandler, 16 Vt 683) ;
(e) bridal outfit (Jordan v. Coffleld, 70 N. C. 110) ;
(f) cigars and tobacco (Bryant v. Richardson, L. R. 3 Exch. 93);
(g) club dues in social club for millionaire's son; (h) automobile for millionaire's son;
(i) attorney's fees for female minor to prosecute breach of promise suit (Munson v. Washband, 31 Conn. 303) ;
(j) bicycle for boy at work, used to go and come from place of occupation;
(k) automobile for minor for use as "jitney bus" to earn his living (Lein v. Centaur Motor Co., 194 111. Ap. 509).
13. A is living at home, his father providing him with board, lodging and clothing. He needs an overcoat for the winter, and without consulting his father buys one from M, a merchant, on credit. On his way home he leaves the coat in a car and never recovers it. The son, being sued, pleads infancy. Is it a good defense? Could the father have been held in this case?
14. F sues to recover purchase price of automobile bought by him from O while he was a minor. After becoming of age he used the car several months. Can he recover? (Fried v. Overland Motor Co., 202 111. Ap. 203.)
15. A, a minor, entered into a contract to purchase real estate on installments. After becoming of age he pays two monthly installments. Can he rescind? (Rulin v. Strandberg, 212 111. Ap. 327.)
16. What capacity to contract did a married woman have at common law? What is the rule now?
17. Plaintiff sold and deeded his land to defendant; now, shortly afterwards, brings suit to rescind the transaction, tendering back the purchase price and alleging that at the time of the bargain, he was so drunk as to be wholly incapable of transacting business and of knowing the nature of the instruments signed by him. He alleges no fraud, procurement or unfair advantage by the other party. Should he have rescission? (Coody v. Coody, 39 Okla. 719, 136 Pac. 754, L. R. A. 1915 E. 465; Martin v. Harsh, 231 111. 384, 83 N. E. 164, 13, L. R. A. N. S. 1000.)
18. What is meant by phrase "meeting of the minds"? Define offeror, offeree.
19. A advertised an offer in the newspapers offering a certain sum of money to any one who would furnish him certain information. B not knowing of A's proposition, furnishes A the information. Can he recover the reward?
20. Plaintiff brings suit against the X corporation for $500, and shows that the Directors passed a resolution voting to pay a reward of $500 to any one who would furnish certain information; that he, being a janitor of the building where the meeting was held overheard the vote, and afterwards and within 24 hours supplied the information to the President of the Company. Is this statement sufficient to make a case? Why? (Sears v. Kings County El. Co., 9 L. R. A. (Mass.) 117.)
21. An auction is advertised. At the hour and place B attends, expending the sum of $100 in order to be present. The auctioneer at the hour and place announces that no auction will be held, as negotiations are in progress for a private sale. B objects and demands that the auction be held. The auctioneer refuses. B sues the principal for $100. Can he recover?
22. A mail order house sends out catalogues. B, a recipient, mails in an order based upon the catalogue. The house refuses to fill the order. Has B got a case against the house? Why?
23. The X Company writes to its customers a circular letter as follows:
"The increased cost of raw materials compels us to advance the price of M. L. Oil to 45c per gallon, effective December 1st, f. o. b. nearest shipping point. This price we cannot guarantee for any definite period unless the consumer anticipates his wants and protects himself by a contract which we will accept before December 1st at the price of 45c per gallon, subject to a discount of 2% ten days for cash."
M, to whom this letter is sent, orders 10 barrels on the same day he receives the letter. The X Company write him they cannot honor his order (giving no reasons). If maintains that he has a contract. What do you think?
24. Give illustrations of offers that may be contained in circular letters ; in catalogues.