Fundamentals Of Law | Good Grade Guarantee!
Hevvy wanted to lose weight. Traynor was a personal fitness trainer. Hevvy called Traynor and asked if Traynor would help him lose 10 kilos. Traynor said he would be willing to train Hevvy three times a week at a gym near Hevvy’s house until Hevvy lost the 10 kilos. Hevvy responded, “Great! I don’t care if it takes years, I want to lose those 10 kilos! How much will it cost?” Traynor said he would think about it. Later that day, Hevvy listened to a voicemail Traynor had left in which Traynor stated that he would charge Hevvy $30 per training session until Hevvy lost the 10 kilos. The next morning, before Hevvy had a chance to return Traynor’s phone call, Traynor showed up at Hevvy’s house and told Hevvy it was time to “go to the gym and start training.” Hevvy rubbed the sleep out of his eyes and gathered his gear, got in his car, and followed Traynor to the gym. For the next several weeks, Hevvy met Traynor three times a week to train at the local gym. Hevvy lost 5 kilos and felt great. One day, Traynor called Hevvy and said, “I’m sorry, but I can’t do these training sessions anymore. Construction work has started on the route between our houses, making traffic much heavier, and with the price of gas going through the roof, it’s costing me too much time and money to keep meeting you.” Hevvy was crushed. Hevvy said, “I don’t want to be awkward, but we have a deal.” Traynor responded, “I’m really sorry, but I just can’t do this. Plus, it’s not like we have a written contract or anything.” Traynor then abruptly hung up. In the ensuing weeks, Hevvy put the weight back on, plus more, and became depressed. Hevvy decided to seek legal advice. He came to your office and told you the whole story. He told you he wants to “sue for damages” and that he wants “to make Traynor fulfil his contract.” a. Discuss whether Hevvy and Traynor formed an enforceable contract. Discuss any defences Traynor might have to Hevvy’s claim that there is an enforceable contract, including those raised by Traynor’s comments. b. Assume that Hevvy and Traynor formed an enforceable contract. Discuss the remedies to which Hevvy may be entitled.
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