In Lucy V Zehmer, the Two Parties Were Drinking in a Bar

question 45

Multiple Choice

In Lucy v. Zehmer, the two parties were drinking in a bar when Lucy offers to buy Zehmer's farm. After some negotiation a written contract was executed. Zehmer claimed that the whole episode was only a joke and he never intended to sell the farm. The court determined that:

• A) since Zehmer claimed to be "high as a Georgia pine" and it was only the liquor talking, there was no contract.
• B) since the contract was written without lawyers present, it was likely not really serious, so no contract was actually formed.
• C) because the terms were fair, the parties are bound by the contract regardless of their intent or capacity.
• D) because negotiations and modifications to the written agreement lasted between 30 and 40 minutes, it appeared that both parties were serious, so even if Zehmer had no objective intent to sell the farm, he is still bound by his actions and the contract is enforceable.

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