From time to time we take a brief, mostly unwanted, foray into Civil law. Yuck. But we still recall those days from way back, a meek law student, sitting in the front row of Contracts, lugging around the UCC.
A contract contains the elements of an offer, acceptance, and consideration.
An offer is a manifestation of willingness to enter into a contract so made as to justify the recipient from concluding that his or her acceptance is invited and shall conclude the deal. (Calamari and Perillo on Contracts. From memory. No kidding. )
With these legal precepts in mind, we bring to you the contractual problem of one John Ciardi, Esq (possibly- it's not clear) a retired gent living the good life in Key West, and Marianny Benetiz a/k/a pick any sports car or month (e.g., Lexus or April)- and the business deal that went south recently.
Mr. Ciardi met Ms. Bentiez in an establishment called Living Dolls, and persuaded and enticed by her attributes which were apparently well advertised (dress for success we always say) Ciardi paid Benitez one hundred dollars for a private dance. The money was exchanged and the services were provided. So far, so good.
With one successful deal under their belt (garter or otherwise), Ciardi upped the ante and paid Benitez two hundred dollars and in return he expected additional "personal favors and services". Offer-made. Consideration- paid. But as happens so often in these complex commercial transactions muddled by our brethren civil lawyers, the issue of acceptance is muddled. To make matters worse, the contract was oral (no smart comments please) and thus the statute of frauds comes into play. See the article below, which you can also click on here.
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