Introduction
Lambert v. Barron was a case that the Louisiana Court of Appeal heard in 2001 (Lambert v. Don Barron Contractor Inc., 2008). The case involved the dispute between Lambert and Barron over the existence of a contract. Lambert claimed a contract existed, while Barron argued that no contract existed.
Discussion
The following are the essential factors that support the existence of the contract. Lambert argues that a contract exists because Barron offered to sell the property for a specific amount. Lambert accepted the offer by sending a letter indicating his agreement to the terms and readiness to close the deal. Both parties took some steps towards performance, with Lambert making a deposit and Barron starting the transfer of title. On the other hand, Barron claims that no contract existed because the agreement was never reduced to writing and signed by both parties, lacked essential terms such as the closing date and conditions for the transfer of title, and Barron considered the agreement to be only a preliminary agreement, not a binding contract. In the end, the court found Barron’s favor and determined that there was no valid contract between the parties. It found that the agreement needed to be more indefinite and lacked essential terms and conditions to be enforceable, including the closing date and finance agreements.
I concur with the case’s conclusion because it is consistent with the rule that a contract must have certain necessary terms and circumstances to be deemed enforceable. According to the Uniform Commercial Code (UCC), a contract must have a “definite and certain agreement” to be enforceable (National Conference of Commissioners on Uniform State Laws, n.d.). The lack of a signed arrangement and the absence of important terms and conditions in the contract between Lambert and Barron supports the court’s decision that no contract existed between the parties.
Conclusion
Overall, the case of Lambert v. Barron highlights the importance of having a clear and definite agreement in a contract. It serves as a reminder to businesses and individuals to carefully draft and review agreements to ensure they are legally binding and enforceable.
References
Lambert v. Don Barron contractor inc. 42,868-CA. (2008). Web.
National Conference of Commissioners on Uniform State Laws. (n.d.). Uniform commercial code. Uniform Law Commission. Web.