Candi Cardigan, CARDWARE’s top model, requested Larry Viveron, a well-known clothes designer and friend to give his opinion on a picture of a navy blue holiday show dress that she wanted to wear at the annual charity luncheon. Larry has designed several pieces for the Cardigans in the past. Larry was ecstatic and began designing a one of a kind extravagant evening gown. The day before the holiday show, Larry had the beautiful sparkly dress delivered to Candi along with a bill for $9,800 Candi refused to pay Larry contending there was no offer. Discuss whether or not Candi made an offer to Larry to design the holiday gown.
Just do make response each posted # 1 to 3 down below only
I feel that Candi in no way created a contract with Larry when she asked his opinion of a dress that she wanted to wear to an event. She never asked him to make the dress or if he would and they never negotiated a price. Larry went out on a limb making the dress hoping Candi would fall in love with it and pay the bill he sent. He never told her that he was making the dress which is why she was surprised to see the dress and then the bill. Candi has ever right to turn down the dress and not pay the bill.
However if Candi wears the dress to the event she then is accepting the offer that was made by Larry and would then owe him for the dress. The other information that we are missing as to why Larry may have made the dress as he has made many for the family before and assumed this was again one of those situations, was Larry contracted to make so many dresses for the family under a certain amount? That would need to be investigated and could change the situation because Candi asked he knew he was to make her the dress and then she did make him an offer but it was open ended.
I feel that for this scenario and the little bit of experience in life I have, this scenario was a full on example of bad communication. Now Candi may have only asked for an opinion, but the long time friend Larry took it upon himself to create a gown for the event opposed to just providing an opinion. Well it could be taken as his opinion but she never asked for him to create the gown nor did he ask or offer. Her being alarmed about the gown and receiving a bill with it is where the issue all starts. So for this scenario clearly Candi did not request a gown. She can burn bridges or talk it out like friends.
Based on this scenario, it seems Candi was just seeking for a friend’s opinion, and was not actually seeking to hire her skilled friend. A common mistake when approaching someone who works providing any sort of service to people. Sadly for Larry, in order to have a valid contract one must first have an offer, an acceptance, consideration, lawful purpose, and capacity of the request. Candi didn’t sign a contract, nor did she enter an agreement with Larry Viveron, even when he has designed several pieces for the Cardigans in the past. Based on traditional common law, and with the lack of all these elements that make a contract present, Larry doesn’t have a case and Candi never really made an offer to Larry (MIller,2010).
Miller, R. L. (2010). Fundamentals of Business Law. Mason, OH: Cengage Learning.