A contract is “an agreement between parties for value, which is legally enforceable” (Tepper, 2021, p.25). Every contract has the necessary elements needed to bind parties: offer, acceptance, consideration, mutual assent. Additionally, the contract must comply with a legal purpose, and the parties must have the capacity to contract.
Even if the actions of offer and acceptance were made verbally and there is no written contract, the parties’ consent must be indicative. According to Tepper, “the offer must be sufficiently definite with terms that the offeree can knowingly accept” (2021, p.47). Barron, in his testimony, pointed out that he never accepted Lambert’s offer in any form, oral or written. Lambert could not provide the court with e-mails or papers with Barron’s consent in support of his position. Without any direct oral or written acceptance by Barron, Lambert tried to prove that the agreement was accepted from action, and he had reasons to suppose that the offer was agreed. Lambert had documentation: faxed copies of attorney’s contracts and correspondence that an attorney sent to him for review and arbitration and invoices for consulting fees. However, the documents were provided without any indication of compensation. Still, a valid contract must have the value paid for the promise (Tepper, 2021).
Lambert attempted to prove that they had a quasi-contract. That is a kind of contract based upon the premise that although the parties may not have concluded a contract if one party gains benefits unjustly to the disadvantage of the other party, the court will compensate the party who did not benefit (Tepper, 2021). Lambert needed to prove unjust enrichment of Baron. However, there was no evidence of any benefits gained by Barron due to Lambert’s consultations. Regarding the question of mutual assent, both parties must share the same understanding of the contract terms and conditions. Lambert considered that they had a contract, but Barren assumed his actions as a gratuitous help from a friend.
Lambert could contract, being in sound mind and over the age of 18, the purpose of the supposed contract was legal. Still, a contract could not be stated valid if it lacks offer, acceptance, consideration, and mutual assent. If he has had written prove or evidence that his service benefited Barron, he could have gained the compensation.
Reference
Tepper, P. (2021). The law of contracts and the uniform commercial code. (4th ed.). Cengage Learning.