George at Newman’s apartment

Newman : You certainly are in a bind.

George : Yeah. And since you go by there everyday I was hoping that we could help each other out.

Newman : Oh well. Let me perfectly blunt. I don’t care for you Costanza. You hang out at the west side of the building with Seinfeld all day and just laugh it up wasting your lives.

George : Are you going to help me or not?

Newman : All right, all right. I’ll help you but I will except something in return.

George : What?

Newman : Well for starters I want a calzone of my own …..

George : All right.

Newman : And a slice of pepperoni pizza and a large soda and three times a week I will require a canolie.

George : That’s a little steep don’t you think?

Newman : You know I hear Mr. Steinbrenner can be a bit erratic. I would hate to see him when he’s hungry.

George : All right, all right.

Newman : Do we have a deal?

 

 

 

George : But I have to have them by one o’clock. He’s very regiment about his meals.

Newman : I know exactly how he feels. Pleasure doing business with you. Do come again.

Yip, looks like we have a well-formed contract here. There was some bargaining which resulted in a concurrence of wills. I believe the parties intended to be bound. There was consideration, and it seems sufficient and not based on past performances. It’s probably ok that it’s not in writing. The term does seem indefinite, though. So everything proceeded as it should, until…

George at Newman’s apartment

Knock , knock

Newman : Hello. What ‘s this?

George : Well I was dropping of the calzone money for the week …. Um shouldn’t you be at work by now ?

Newman : Work? It’s raining.

George : Soooooo

Newman : I called in sick. I don’t work in the rain.

George : You don’t work in the rain? You’re a mailman. "Neither rain nor sleet nor snow ….." It’s the first one!

Newman : I was never that big on creeds.

George : You were supposed to deliver my calzones. We had a deal!

Newman : I believe the deal was that I get the calzones on my mail route. Well today I won’t be going on my mail route, will I? Perhaps tomorrow.

George : But I’m paying you!

Newman : Yes thank you. ( slams door )

George : Newman !!

Whoa, breach! It seems that George had a basic assumption that Newman would deliver his mail everyday and therefore get calzones everyday. Had the contract been frustrated? Was there a unilateral mistake? Should Newman have disclosed this earlier, possibly changing the agreement?

See, normal people don’t think these things. Normal people shouldn’t think these things. Law school does not a normal person make. I am, instead, the definition of a reasonable person.

Tags: No Comments