You’re currently an intern working for largest law firm in Alabama. Your mentor and senior attorney introduces you to new client Dick Jefferson the owner of the House Doctor, Inc. Mr. Jefferson relates the following story throughout the meeting. Jefferson met with Yolanda Jackson, 85 years old, and her son, Melvin, about adding the room to Ms Jackson's home and providing the home-maintenance plan. Melvin handles his mother's financial matters however he had to leave for work ten minutes after Jefferson arrived to talk with them. Throughout the meeting, Mr. Jefferson noticed various brochures from the American Schizophrenia Society Ms. Jackson's kitchen table. Additionally, she asked Mr. Jefferson to get her a glass of water so that she could take her medication. Mr. Jefferson opened the prescription bottle containing the medication Ability for the Ms. Jackson, because she said she couldn’t figure out childproof cap. Jefferson as well noticed a bottle sitting on the window ledge labelled Haldol. Mr. Jefferson discussed a two-year home-maintenance package, which comprised the room addition and any repairs the house required throughout that time. The cost of room addition and two-year maintenance plan was $50,000.00. Ms. Jackson stated that the arrangement seemed fine and asked when Mr. Jefferson could start work on room. Mr. Jefferson indicated that he could start work on room the following Monday. Mr. Jefferson showed up at Ms. Jackson's house the next Monday at 7:00 a.m. and started work on new room. Ms. Jackson had been away for the weekend and didn’t return home till 4:00 p.m. that afternoon. At that time, Ms. Jackson told Mr. Jefferson that she no longer wanted him to give maintenance on her home or the new room, because she had found 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 regarding enforcing his contract against Ms. Jackson.
Make an interoffice memorandum, maximum of four pages, to the firm's senior attorney which addresses the following issues:
1. Does valid contract exist between the Ms. Jackson and Mr. Jefferson? Please describe the fundamental requirements for contract formation.
2. What defects in contract formation procedure may have occurred? Consider arguments for each party.
3. Consider all the legal concepts addressed in this course to date, describing your terms as you apply them to the applicable facts.
4. Finally, also give practical solutions which may assist Mr. Jefferson avoid the potential defects in the contract formation procedure that he now faces.