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Trevor Hawthorne (age 16), was working at the Burger Hut when he got into a conversation with Gary Witherspoon (age 47) about Gary’s 1967 Chevy Corvette.  Gary has stated that he has had a few problems with the car as of late, and that he would be happy to sell it to anyone who would take it off his hands “as is” if they offered him $400 for the car.  Trevor, who plans to be a mechanic, asked Gary several questions about the specific problems with the car, and Gary provided detailed answers.  Trevor then informed Gary that he could pay him the $400 but he did not have it on him at that time.  Gary responded that he would be there next Saturday after his bowling league, as usual, and Trevor could pay him at that time.  However, that Saturday when Gary went to give the money to Gary, Gary responded that he had made a deal with someone else the day before to sell the car for $5,000.  Trevor said he would sue Gary for breach of contract.  Gary claimed that they did not have a contract, and even if they did it would be unenforceable because Trevor was a minor.  Further, Gary said he had had “a couple of beers” that night, and the contract would be unenforceable due to his intoxication.


From this fact pattern, did Trevor and Gary form a valid contract, and, if so, were any of Gary’s claims regarding unenforceability correct?


Format of Memorandum:


A legal memorandum is made up of:

  1. Heading
  2. Questions Presented
  3. Answers
  4. Facts
  5. Discussion
  6. Conclusion


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