Legal Question in Business Law in Pennsylvania

Ms. Jackson told Mr. Jefferson that she no longer wanted him to provide maintenance on her home or the new room, because she had found a cheaper company. Mr. Jefferson packed up his materials and his crew left Ms. Jackson's home. Mr. Jefferson has come to your firm to inquire about enforcing his contract against Ms. Jackson a 85 year old under medication. Does a valid contract exist between Ms. Jackson and Mr. Jefferson? Please discuss the basic requirements for contract formation. What defects in the contract formation process may have occurred? Finally, also provide practical solutions that may help Mr. Jefferson avoid the potential defects in the contract formation process that he now faces.


Asked on 4/27/12, 8:30 am

1 Answer from Attorneys
Andrew Solomon Law Office of Andrew A. Solomon

First of all, the contract should be in writing. Second,, it should have in it procedures for either party to terminate the contract. (So many days notice in writing, etc.) Unless the contract with Ms. Jackson is in writing, there is really no basis to go to court to enforce the oral agreement that existed. A basic written contract should have the specific duties of each party, the hours when maintenance would be performed, the charges that Mr. Jefferson will be charging, the term of the contract as to months or years, and provisions for termination of the contract by either party. It should also describe what constitutes a default under the contract, and what the remedies of the parties are in the event of a default.

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Answered on 4/27/12, 10:52 am


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