Parking
A drives his car into a parking garage and parks his vehicle. Before driving out, he pays the parking fee at a machine.
Question: Has a contract been concluded here?
A piece of Copper
Actor X stands on stage and shouts into the audience ’He who brings me a piece of copper shall have all my money’. An audience member Y gives actor X a copper coin and tells the actor that he accepts this offer.
Question: Is Y now entitled to X’s assets?
Supermarket
Mr. K goes to a supermarket and puts goods in his shopping cart. He queues at the checkout and places the goods on the conveyor belt. The employee of the supermarket’s operating company A pulls the goods over a scanner. Mr. K sees the price of EUR 50 and hands the employee a 50-euro coin. He puts the goods in his bag and takes them with him.
Question: Has a contract been concluded here? If so, what are the implications?
Selling a Car
Car seller V and a customer K are negotiating the purchase of a car. V says: ’I will sell you this car for EUR 5,000.’. C then says: ’Agreed. But for EUR 4,000’ V is interrupted by another customer. C, who assumes that V wants to sell for EUR 4,000, says: ’Good. Then we have an agreement. I’ll pick up the vehicle tomorrow’. V replies: ’Great. See you tomorrow.’ and leaves the store.
Question: What was actually agreed?
Rosi und Resi
The cattle dealer V and a prospective buyer K negotiate the sale of a cow with a sign with her name ’Resi’ hanging around her neck. V and K inspect the animal in the barn. Some time later, when they draw up a written deed of sale in V’s office, they enter the name ’Rosi’ to identify the animal. However, the animal inspected was ’Resi’. Rosi is at the other end of the barn, is the most valuable cow in the barn and should not be sold under any circumstances. V and K were wrong about the name. Nevertheless, K would now like ’Rosi’.
Question: Has a purchase contract been concluded? If so, about which animal?
Lost on the Server
A offers B a car for EUR 5.000 via E-Mail. At the time of the receipt of the E-Mail B was not able to download the E-Mail from his server. One month later B finally reads the mail and accepts the offer. A, however, tells B that he already sold the car.
Question: What can B do to get the car?
The quasi-trumpet
V and K are negotiating the purchase of a musical instrument. They inspect the instrument on display. V, who has inherited the instrument himself, shows it to K. The latter is immediately enthusiastic about ’the wonderful trumpet’, V is happy to have sold the thing that is completely useless to him. When K shows the instrument to his trumpet teacher, the latter explains to K that the instrument is not a trumpet.
Question: Has a purchase contract been concluded?
Religious Community
A agrees with his religious community B that he will work sixteen hours a day, six days a week (excluding vacation) until the end of his life. When he falls ill, a representative of B demands that he perform his contractually agreed work.
Question: Has a contract been concluded and must A comply with B’s demand?
Extramarital Relationship
A knows that his colleague B is having an extramarital relationship with a female colleague. A points out to B that he would tell B’s wife about this relationship if he did not give him EUR 10,000. B gives the EUR 10,000 to A. When B’s wife finds out about the affair by other means, B wants the money back.
Question: Does A have to pay back the EUR 10,000 he received as a gift?
’nephew’ trick
A specializes in receiving gifts of money from older people by making them believe that he is related to them. A also uses this ’nephew’ trick on B, who gives him EUR 10,000.
Question: Has a valid contract been concluded?
The defaulting debitor I
A promises B EUR 5,000 so that B will beat up a defaulting debtor of A. When A sees that the debtor is still unharmed, he demands the promised treatment from B.
Question: Is A’s claim justified?
The defaulting debitor II
A promises B EUR 5,000 so that B will beat up a defaulting debtor of A. When B has beaten the debtor to hospital as agreed, B wants ’his money’ from A.
Question: Is B’s claim justified?
Contractual Obligations and Claims
A and B conclude a contract for the delivery of 50 tons of wheat at EUR 7,000.
Question: What claims do the contracting parties have against each other?