Free Essay About Lambert V. Barron Case
The Lambert v. Barron case was filed due to Lamberts complaint that Barron had breached the contractual agreement that existed between them. The contract between these two parties was oral and as such there is no evidence that there existed a contract between Lambert and Barron. The contract was that Lambert should provide consultation services to Barron at a monthly charge of $3100. Barron did not fulfil his end of the agreement or contract as he only invoiced once and refused to pay a second claiming that he had not agreed on such terms or price. Lambert brought up a case on the basis that there was breach of contract but he lost as there was an appeal on the validity of the contract.
In the case that I was Lamberts attorney, I would have brought out my argument that there indeed was a contract between the two parties due to the actions portrayed by both parties. The contract between the parties may be termed to be an implied contract which is a contract that is not shown by words but by the conducts and acts of the parties involved. In our case, it is evident that Lambert provided consultation services and also it is evident that there were payments to be made as Barron makes payment.
Some of the factors that Lambert’s attorney could have stressed on include that a payment was made showing that Barron had agreed to make payments in regards to the consultation services offered. In addition, he could have argued that the agreement was legitimate according to the types of contracts that could be made as their contract falls under implied contract which is recognized as a legitimate contract.
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