Lucy v. Zehmer Case Brief Essay

I. Statement of the FactsZehmer owned a Farm that Lucy had made several offers to purchase, all(prenominal) of which Zehmer rejected. Lucy met Zehmer in the latters restaurant one evening. After drinking, they had a substantial discussion about the sale of the bring out. Lucy made an offer of $50,000. Zehmer drafted up Lucy a begin specifying the land, the amount, title satisfactory to buyer. Lucy took the written agreement and offered $50,000 to Zehmer who refused to patronise to the written agreement. Lucy filed a lawsuit against Zehmer to compel him to transfer the title of the farm to him for $50,000. Zehmer supported that the writing was prepared as a bluff, the whole effect was a joke, no binding contract was made, and at the time he made the offer he was was as high as tabun pine. The trial apostrophize ruled in favor of Zehmer. Lucy appealed to the controlling Court of Appeals of Virginia.II. IssueDoes the offer made by Zehmer supposedly as a joke constitute a vali d contract?III. regulating of LawThe first requirement for effective offer is a in effect(p) intent. Not determined by subjective intentions, beliefs and assumptions of the offeror. Rather it is determined by what a reasonable person in the offerees position would cease that the offrerors words and actions meant. Offers made in jest, obvious anger, or idle excitement do not count and the acceptance of them does not reach an agreement.IV. AnalysisIn his defense, Zehmer claimed that the offer to sell his farm to Lucy was made as a joke and at the time he made it they were both drinking and he was not in a state of sobriety. The court judged Zehmers argument about his mental state inconsistent collectible to the fact he was able to provide great detail what was verbalise and done that night in his testimony. The court found that the contract was discussed for 40 minutes, rewritten to include Mrs. Zehnmer, and she did sign it. The discussion of what to be included in the sale an d the provisions of it made a serious transaction. The delivery of the written contract shows a good combine offer and a good faith acceptance.