can some one help me with this exam .i will attach all the notes that you need to answer the questions.

Answer to Contracts Question

Issue # 1—Is there an initial enforceable contract for the building of the deck?

Rule—For there to be a contract there has to be an offer and an acceptance—a meeting of the minds. If there is a mutual mistake, then there is no contract.

Analysis: If there is a “contract” what are the terms. It is clear that the parties agreed on a deck to be built but the question is what are the terms. Handy thought the wood footings would be ok whereas Harry thought that the footings should be in concrete. If that is what the parties each truly believed from objectively looking at the facts and this is a material difference, then there was no contract formed. Handy would have to recover under some other theory such as implied in fact or implied in law—unjust enrichment. However, if this is not deemed to be enough of a material difference to void the contract, then what we have is a dispute over the terms of the contract. Given that the additional work is not all that much in relation to the total contract, it would be up to the judge to determine if the contract included the concrete footings or not. He would probably come to a decision by taking testimony as to the general practice in the industry.

If general practice is mixed, then Handy will claim that there has been a dispute and then there was an accord and satisfaction. Harry will claim that Handy is just doing what he is already obligated to do and therefore there is no consideration for the additional work claimed by Handy. How you answer the above issue effectively answers the question.

Conclusion: If general practice is concrete footings, then Harry will not have to pay additional because it would be considered under the terms of the original contract. Otherwise he will be obligated to pay.