Summary Rocky a mentally disabled fifteen year old has run out of
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University Of Phoenix UoP
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University Of Phoenix
Week 4 Assignment:1.Rocky, a mentally disabled fifteen year old, has run out of money while on a trip away from home. Jack gives him food, a place to sleep and his bus fare home in exchange for Rocky’s promise in writing to pay Jack $200 to cover these costs. Is Rocky’s promis...
has run out of money while on a trip away from homeÂnbsp jack gives him food
a place to sleep and his bus fare home in exchange for ro
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Week 4 Assignment:
1. Rocky, a mentally disabled fifteen year old, has run out of money while on a trip away from home.
Jack gives him food, a place to sleep and his bus fare home in exchange for Rocky’s promise in
writing to pay Jack $200 to cover these costs. Is Rocky’s promise enforceable?
The agreement made between Rocky and Jack has two possibilities with regards to being
enforceable. Although Rocky entered into the agreement with Jack, because he was a minor at the
time of the agreement, Rocky may not be held to the terms of such an agreement. As a minor,
Rocky has the ability to terminate the contract if he so chooses to do so at a later time. Jack has no
ability to enforce the contract, should Rocky decided to terminate it, again because he is minor.
Additionally, Rocky’s mental disability would make it unlawful for the agreement to be enforced.
Rocky, may have not have had the mental intellect to understand the terms of the agreement, due
to his disability, and thus, the agreement/contract, cannot be enforced. On the other hand, Jack
does not have the ability to terminate the agreement on his end. He is held to the terms of the
contract as stipulated with regards to his offer.
Another consideration when reviewing whether or not the agreement can be enforced is whether or
not Rocky entered into the agreement under duress. Because of the situation in which Rocky found
himself when he signed the agreement, it could be argued that he did so under extreme duress.
Because Rocky was away from home, without food or shelter and no funds to enable him to return
home, makes this a dire situation. Under these circumstances, it certainly can be argued that Rocky
cannot be held to the terms of the contract because he did so under fear and duress.
2. Fsher, an inexperienced businessman, bought equipment and chinchillas from Division West
Chincilla in order to start a chinchilla ranch. Fsher got into the business because Division West told
him that chinchilla ranching was “an easy undertaking and that no special skills were
required.” Fsher lost money operating the ranch. He sued claiming fraud. Result?
Fsher could argue in his lawsuit for fraud against Division West that they knowingly mislead or
mispresented him with the ease with which he would be able to establish a chinchilla ranch. Because of
their representation that it was an “easy undertaking” and it did not require and “special skills”, Fsher
decided to enter into an agreement with Division West to purchase both equipment and the actual
chinchillas. However, after losing money on the ranch, Fsher feels that Division West misled him in
believing this would be easy to establish the ranch.
He could also attempt to sue Division West for Promissory Estoppel, which he could argue resulted in him
purchasing both equipment and chinchillas. His argument could be that because Division West
advised him that chinchilla ranching was “an easy undertaking” and required no special skills, he
determined he would be able to establish the business and make it successful. Promissory Estoppel
is “the doctrine allowing recovery on a promise made without consideration when the reliance on the
promise was reasonable, and the promisee relied to his or her detriment.” I do not believe that
Fsher would be successfully in his lawsuit against Division West. First, Division West does not
appear to have made Fsher any type of promise that involves support or contributions on their
behalf. They simply made a statement that it was easy and he didn’t require any specialized training
in order to run the ranch and breed chinchillas.
I don’t believe that either option would yield a successful lawsuit for Fsher. He doesn’t have enough
evidence to get judgment for fraud. There was no intent on the part of Division West to defraud him that
is evident. Their statements could have been solely based on personal experience but without an attempt
to mislead. As well, I do not believe he would have a case for Promissory Estoppel either. There just
does not seem to be enough evidence to satisfy the requirements for Promissory Estoppel, because
Division West is not guaranteeing anything to Fsher.
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