aben418 asked in 社會與文化語言 · 1 decade ago

Law question (case study)

Ben, a 17 year old student invited nine of his friends to come to his birday party in a big hotel. On the due date eight of ben\'s friends arrived and one sent a late apology for not attending. In the end of the dinner the check comes to 2500 US, which includes the absentee friend.

Ben asked each person to pay 278 US to cover the cost and to cover the cost of the absentee friend.

Two boys agreed to pay 278US

Two boys only would pay 250US

Four boys refused to pay anything stating that it was bens dinner and they assumed ben would pay for it.

==Please help ben to solve this problem which include who should pay for the dinner, why, haw much, and what about the absentee friend ????

==does under 18 also a issue in this case ??

Thanksssss

NO TRANSRATION THANKSSSS

Update:

It has happend in USA, and there was no promise made by ben. Ben only invited his friends to his birtday dinner.

Update 2:

Jason where are you mate ?????

Update 3:

Jason

Is there any diffrent between a rich minor and a average minor. Because i remember a rich minor is likely to spend more than the others. And if i use in this case, if ben is a rich minor he can not get away be the payment. am i right or not ??

Update 4:

Jason

Is there any diffrent between a rich minor and a average minor. Because i remember a rich minor is likely to spend more than the others. And if i use in this case, if ben is a rich minor he can not get away with the payment. am i right or not ??

3 Answers

Rating
  • Jason
    Lv 5
    1 decade ago
    Favorite Answer

    Sorry I am late. This is an interesting question, a very nice contract law assignment or exam question.

    I am not sure if you are looking for arguments for Ben to collect from his friends. But looking at this scenario, it appears that none of the boys are liable for anything. Several issues needs to be discussed:

    1. In the worst scenario, the invitation provides that attendees will have to bare his portion of the cost. However, we all know that to make a contract binding, a "meeting of the minds" has to occur. Here, even if the term of the "contract" says each boy is responsible for his share of the cost, the monetary amount is NOT provided. You will later learn in commercial contracts that the dollar amount is an essential term - without it most contracts fail. But here, the boys were not informed of the price, nor did they agree to pay any certain amount. So there is no contract here.

    2. On a different approach, the one absent boy appears to have REJECTED the offer (invitation). Unless he explicitly agreed to attend and pay for his share, and Ben relied on that promise to incur some expenses ("promissory estoppel"), the absent boy will not be held liable for anything. Also, since the absent boy did not benefit from the party, it is unreasonable to require him to pay for anything (this has to do with the fundamental fairness issue).

    3. Competency of Entering into a Contract. Some jurisdiction still treats minors (under 18) incapable of entering into binding contracts. If this is the case for Ben, he is incapable of forming any contract. Likewise, if his friends are minors, they lack the capacity to form contracts as well.

    In conclusion, since no enforceable contract existed, Ben should take whatever his friends paid and pay the rest himself.

    2006-02-14 00:13:46 補充:

    Well, in reality, if Ben is a rich kid, he'd probably pay the charges himself (not asking his friends). But I don't think the court treats rich/average kids differently...

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  • 1 decade ago

    班 , 一位 17 歲學生邀請了了他的朋友中的九位在一間大的旅館中到達他的 birday 黨。 在應得的東西上日期峰的朋友中的八位到達了,而且一送了了遲的道歉為不參加。 在晚餐的結束中支票總計 2500 美國,包括缺席者朋友。

    班要求每個人支付 278 美國涵蓋費用並且涵蓋缺席者朋友的費用。

    二個男孩同意支付 278US

    二個男孩才將會支付 250US

    四個男孩拒絕支付任何事說 , 它是峰晚餐,而且他們假定了峰將會支付它的費用。

    ==請幫助峰解決包括誰應該支付晚餐的費用的這一個問題,為什麼, haw 多,而且缺席者朋友怎麼樣????

    ==做在 18之下也一個議題在這情況??

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  • Takuko
    Lv 7
    1 decade ago

    well... why does this even involve law...? it's just a miscommunication between ben and his friends, and the fact that two of them are cheapos....

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