M3: How to do analysis

Question 1

1) ASK

Answer 1

1. was a contract formed?
   - what was the offer? did it have elements (offer [PPP], accpetance, consideration [Grat Promise? was a seal involved?], capacity, legality)
   - was there acceptance? mirror-image? lapse,revocation. counter-offeer
   - was there intention? is there intention (commercial vs family)
   - were the parties able to enter into a contract? infant, imparied, illegal
   - did the parties fulfil legal requirements of form? in writing? under seal?

Question 2

2) is the contract enforceable?

Answer 2

uneforceable if: mistake, misrepresentation, undue influence, duress,

Question 3

3) did parties perform/discharge their obligations

Answer 3

Was there issues regarding tender, frustration, part-performance, condition-precdenet, agreement to discharge

Question 4

4. Did one or both parties breach the contract?

Answer 4

Was there breach of condition/warranty, repudiation, anticipatory breach, substantial perfroamcene, was there an exclusion clause?

Question 5

5. if there was a breach, what remedies are available?

Answer 5

Damages, quantum meruit, mitigation