A numbered ticket provided by a valet parking attendant or dispensed by an automated machine at the entrance to a parking structure
In this scenario, the case for a contract will be formed with the payment for parking being formed on the variation of either weekly, monthly, or any other forms of payment methods. However, from a critical perspective, the ticket being issued by the valet to the car owner will be treated as an agreement rather than being appropriate for a contract. This type of a scenario is likely to have little to no chances of any disputes or miscommunications between the two parties since they agree on their respective roles and the part they play in fulfilling their duties and consents.
- a “boilerplate” agreement provided by a cellular provider to subscribers or by a bank to credit card account holders
The scenario of “boilerplate” contract is an agreement that is formed by two parties, the retailer, and the consumer. The contract being a standard form is consistent with various terms & clauses. Most of these terms are supported by the ancillary terms, as support for them. One of the cases which put the contract into a conflicted scenario is that the consumer is often times found to be ignoring these terms and conditions, signing them without any care and later regretting it. Courts have found this to a harsh use of the terms and have ordered their removal from the contract.
- the oral exchange at a restaurant when a waiter takes your order for dinner
In the scenario of an oral exchange taking place in a restaurant with the waiter taking your order for dinner presents the scenario in which you, as the customer, must make a definitive impression on to the waiter about your order. Any individual that is ordering at the restaurant, being a customer they are required to convey their messages on to the waiter in a clear and definitive way, to clarify what their demands are. There are chances of miscommunication if the customer has not made up their mind and being confused, they present an unclear demand for the waiter to list down. Given this condition, the individual is the one who is responsible for the outcome in this scenario, since they are the ones putting an order. The waiter, being responsible and dutiful, can also assist the customer by noting down the order and presenting it to the customer for them to confirm if that is what they have mentioned. This will help clarify and clear away any misconceptions before they occur. This can be best exemplified through the example of Chinese people that are often times using calculators to make price-based negotiations. This is a good example of both parties being in a contract while having a mutual agreement over the terms of the contract formed between them.
- a “formal” contract such as a lease agreement for office space
In the case of the formal contract being formed for a lease agreement for office space is normally formed between two parties, such as Tenant and Landlord. The agreement forwarded by the Landlord is inclusive of Basic Information Lease agreements, Addenda, and Exhibits. These signify all of the terms and clauses that the tenant is bound to follow if they are to form an agreement with the Landlord. In this scenario, the landlord has to be clear about what the conditions of the contract are, in order to clarify it to the tenant, who’s the customer or client in this case. Any miscommunications and disputes that arise in this agreement are mostly related to the tenant being ignorant about the terms they sign into, which later backfires on them alone.
Radin, M. J. (2012). Boilerplate: The fine print, vanishing rights, and the rule of law. Princeton University Press.
Weatherly, J. E., & Carey, C. R. (2000). U.S. Patent No. 6,023,687. Washington, DC: U.S. Patent and Trademark Office.