Discussion

Instructions

Mallory promises a local hardware store that she will pay for a lawn mower that her brother is purchasing on credit if the brother fails to pay the debt. Must this promise be in writing to be enforceable? Why or why not?I would like to hear an argument in favor of a writing  from students who have last names beginning with the letters A through M. I would like to hear an argument against a writing from students with last names beginning with the letters N through Z.In your answers please remember to detail your legal reasons for your position. It is fine to say "it depends" and give me the additional scenarios on which an argument for OR against would depend.Please don't copy any text from the Internet.My last name is the N.So there need to chooseI would like to hear an argument against a writing from students with last names beginning with the letters N through Z.

Answer

The promise must not be in writing. The first reason is because the contract for the sale of the lawn mower is not with Mallory, but it is with Mallorys brother. Contract laws hold the two parties to contract in a higher pedestal. This is what in the many years of the existence of contract law, has been called being privy to a contract. This is a very crucial thing. If the sale was to Mallory then maybe the idea of writing down to enforce the contract would be paramount. However, Mallory in this case is treated by the privity of contract as a third party. Third parties are treated as bystanders and not part of the in thing in contract law. The other reason why there must not be writing is that a contract has not taken place fully. The reason is that in contract there is the aspect of consi...
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