Lambert V. Barron
Facts that support Lambert’s position that a contract existed
Lambert made an offer to Baron. According to Blum (2017), an offer must be made so as that a contract can begin, and this mainly includes the provision of the agreement details and its terms and conditions. As such, Lambert had offered to provide Barron with consulting services, and had went ahead to provide him with the terms and conditions for the services. In particular, Lambert had stipulated that he charged his clients $3100 monthly, and the minimum term for his services was a year. He also indicated that he charged 10% for any amount that his clients recouped in settlement.
Facts that support Barron’s position that a contract did not exist
Barron did not accept the offer that Lambert made. Once an offer is made, the offeree can either agree to or reject the offer and its terms and conditions; an offeree can accept the proposal through email, mail, or orally (Blum, 2017). In this case, Barron claimed that he never orally accepted the offer of Lambert for consulting services under the suggested 1-year arrangement with $3100 monthly payments. In addition, there was no writing that indicated that the parties consented to the offer. Barron also sent massive amounts of documentation about his 5 construction projects to Lambert days prior to the meeting where Lambert extended the offer to Barron (McKendrick, 2018). Barron had also provided those documentations without any suggestion that the review of his projects by his friend would need compensation.
Agreement with the outcome of the case
I do agree with the outcome of the case. Barron and Lambert were close friends, and the failure to indicate their dealings in writing made it hard to determine if a contract really existed or the situation was where a friend came to the rescue of another. Moreover, I find that the amount that Lambert sought for his consultant services was absurd considering that Barron did not obtain any advantage in return.
Blum, B. A. (2017). Contracts: Examples & explanations. Aspen Publishers Online.
McKendrick, E. (2018). Contract law: Text, cases, and materials. Oxford University Press.