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We all read Lucy v Zehmer to practice briefing cases--and you saw my case brief so you should understand what happened in the case and you should have learned a little bit about the law of making contracts
We all read Lucy v Zehmer to practice briefing cases--and you saw my case brief so you should understand what happened in the case and you should have learned a little bit about the law of making contracts.
In this discussion, share what you learned about making contracts and your opinion of this case.
The legal issues are important, but this case also is a good introduction to how the studying the law is about the stories of people's lives and how we, as a society, make rules for ourselves through the legal system. How are you feeling about learning the law through studying of cases like this?
Expert Solution
After reviewing Lucy Vs. Zehmer a few times individually, and then proceeding to watch our example video on how to debrief this specific case. I learned a few things along the way. Not only did I learn how to debrief future law cases in a particular format for this class. More importantly, I became aware of the First Nat. Bank Vs. Roanoke Oil Co. Case that was brought up in the Lucy Vs. Zehmer Case describing the field of Business Contracts. In which it is ultimately described in my opinion as Words speak louder than Thoughts.
Furthermore, I learned that in order to have contracts in place, it is essential to have a mutual assent or agreement from both parties. This includes the time during the creation of the contract, both parties are being held to what they are discussing and potentially drafting/signing, and if judged by a reasonable standard the results would be somewhat obvious to any businessman. This particular case was interesting because of Zehmers' claim that he was high as Georgia pine the night the contract was forged and signed. Though, due to the amount of evidence opposing Zehmers' claim he ultimately lost in court. I found this interesting because if in fact he had been very inebriated the contract may have been overruled in favor of Zehmer. This also supports my claim that Words speak louder than Thoughts. If in fact, Zehmer had been drunk that night his thoughts (as many of us know) could have gotten the better of him. In my opinion I agree with supreme courts decision to reject Zehmers claim. The amount of evidence suggesting that we wasn't drunk the night the contact was forged is too large to miss.
I am really look forward to learning the study of law through this particular study method. After reviewing the debrief in the modules, even the style in which we will be debriefing our cases looks very interesting and detailed. I cant wait to read interesting court cases that have happened throughout history !
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