Legal Memorandum Question Presented and Short Answer for my Legal Writing Class

MEMORANDUM

TO: Dr. Wanda

FROM: Daniela Curiel

DATE: November 30, 2017

RE: Luke Skywalker v. Estate of Darth Vader

SUBJECT: Contract Validity

QUESTION PRESENTED

Contracts are created when two or more parties intend to create a legally enforceable agreement. Parties enter into contracts after an offer has been accepted, with consideration. For consideration to be sufficient it must hold some sort of value to both parties or demonstrates forbearance (Baehr v. Penn-O-Tex Oil Corp. Page 1). Our client, Luke Skywalker, age 16, had his hand cut off by Darth Vader in an argument. Luke promised to not sue Vader, stop smoking marijuana and drinking alcohol until the age of 18, and enroll in Jedi University, in exchange for Vader’s lightsaber. Skywalker completed the first part, however, as he enrolled to Jedi University, Vader died. Is Skywalker entitled to Vader’s Lightsaber, meaning that the agreement between Vader and Skywalker constitute as a valid contract which holds sufficient consideration? Did Skywalker’s actions demonstrate his intension to complete the conditions of the contract?

SHORT ANSWER

Probably yes. The contact holds some aspects that constitute consideration. Skywalker may be entitled to Vader’s Lightsaber because regardless that Skywalker is a minor, the agreement could qualify as an enforceable contract. However, for a contract to be valid, it must sustain sufficient consideration. Therefore, it must be valued by both parties or demonstrate forbearance, as a result of a bargain and deliberation. We have a strong argument that the contract holds some value to both Vader and Skywalker. However, forbearance was not demonstrated by both parties. Additionally, the act of Skywalker enrolling to Jedi University does show that his intentions where to complete the requirements of the agreement. Skywalker has a strong argument because the contract holds sufficient consideration and his actions demonstrate his independent intensions that entitle him to the lightsaber.