TLS, MLS – CONTRACTS
FINAL EXAM ESSAY
WEEK 7
Background Reading (Genesis 29:15-30):
Jacob Agrees to Work in Order to Marry Rachel
29:15 Later, Laban asked Jacob, “Should you serve me for free, just because you’re my
nephew? Let’s talk about what your wages should be.”
16 Now Laban happened to have two daughters. The older one was named Leah and the
younger was named Rachel. 17 Leah looked rather plain, but Rachel was lovely in form and
appearance. 18 Jacob loved Rachel, so he made this offer to Laban: “I’ll serve you for seven
years for Rachel, your younger daughter.”
19 “It’s better that I give her to you than to another man,” Laban replied, “so stay with
me.” 20 Jacob served seven years for Rachel, but it seemed like only a few days because of his
love for her.
21 Eventually, Jacob told Laban, “Bring me my wife, now that my time of service has been
completed, so I can go be with her.” 22 So Laban gathered all the men who lived in that place
and held a wedding festival.
Laban Deceives Jacob
23 That night Laban took his daughter Leah and brought her to Jacob. He had marital relations
with her. 24 Laban also gave his servant woman Zilpah to Leah to be her maidservant. 25 The
next morning, Jacob realized that it was Leah! “What have you done to me?” he demanded of
Laban. “Didn’t I serve you for seven years in order to marry Rachel? Why did you deceive me?”
26 But Laban responded, “It’s not the practice of our place to give the younger one in marriage
before the firstborn. 27 Fulfill the week for this daughter, then we’ll give you the other one in
exchange for serving me another seven years.”
28 So Jacob completed another seven years’ work, and then Laban gave him his daughter
Rachel to be his wife. 29 Laban also gave his woman servant Bilhah to his daughter Rachel to be
her maidservant. 30 Jacob also married Rachel, since he loved her. He served Laban another full
seven years’ work for Rachel.
Question No. 1 – A Bride for Jacob
Read the Background Reading below and answer the following questions:
1. Has a Deal Been Made? You should answer this question and include if there was mutual
assent, offer and acceptance and any other relevant materials.
2. Is the Deal Enforceable? Your answer should include whether or not the agreement
between Jacob and Laban is supported by consideration?
3. Does the Statute of Frauds apply as a Defense to Enforcement of the Deal?
4. Are any third parties affected by the contract?
In answering the questions, does Jacob’s knowledge of the customs of the time affect your
answers, if at all?
Question No. 2 – Parol Evidence and Excuse
The Smiths wished to sell their farm. Across the road from the farm, the Smiths had an
icehouse. Mr. Jones was interested in purchasing the farm, but found the icehouse objectionable.
The Smiths orally promised, in consideration of Jones agreeing to the purchase of their farm, to
remove the icehouse. Relying upon this promise, Jones executed a written contract to buy the
farm for $128,000. The contract for the purchase and sale of the farm appeared fully complete
on its face, addressing any and all terms typically included in a contract for the purchase and sale
of a farm. However, the contract was silent on the removal of the icehouse. The sale was
completed, and Jones took possession of the property. The Smiths never removed the icehouse
even though Jones made several attempts to get the Smiths to remove it.
1. Can Jones offer proof that the promise to remove the icehouse was made in
furtherance of the agreement to purchase the farm?
2. Will the Court order “specific performance” as a remedy and order the Smiths to
remove the icehouse? What if Jones pays to have the icehouse removed, can he recover
his costs from the Smiths?
3. Assume JUST FOR THIS QUESTION, that Jones and the Smiths entered into a
separate contract for removal of the icehouse and they agreed to: 1) split the cost of
removal 50/50; 2) that the Smiths would use their contractor to start removal the day after
escrow closes; and 3) Mr. Jones would make the first 50% payment directly to the
contractor with the Smiths paying the remaining 50% balance. Mr. Jones closed escrow
and it is now week four and the contractor has not shown up despite Mr. Jones repeated
efforts to contact the Smiths. What steps can he legally take?
Please include the definitions of the relevant contract terms in your papers and write complete
and thorough answers.