Jimmy and Pat had a long-standing professional relationship.In 2001,Jimmy's business began experiencing financial strain.The two friends discussed Jimmy's personal problems and financial difficulties,and Pat was concerned about his friend's depressed mental state.In 2003,Pat flew from Atlanta to New York to meet with Jimmy.Prior to Pat's flight,Jimmy's employee faxed copies of various construction contracts and correspondence relating to Jimmy's controversial projects for Pat to review.In late 2005,Pat billed Jimmy for a $40,000 balance that Jimmy owed on the alleged oral contract for consulting services.In a letter to Pat,Jimmy stated: "I have paid you plenty and will not pay you any more.I have not called for any professional advice since then." Pat filed suit against Jimmy for breach of contract.Will Pat succeed?
A)Yes,because Pat was offering his friend professional consultation.
B)Yes,because there is a valid contract formed,since Jimmy had sought Pat's advice.
C)No,because it was a friendly advice and not an actual contract.
D)No,because Pat never entered into an oral contract and only written contracts are enforceable.

Question

Quizplus · Accepted Answer

In determining whether a contract exists,courts scrutinize the parties' communications and conduct in light of the context in which the parties interacted.There was no contract because an actual offer was not made nor was advice sought.

Jimmy and Pat Had a Long-Standing Professional Relationship