A contract is a lawfully obligatory agreement between two or more parties which is law enforceable if all the accepted elements are present and it is breached. There was a contract between Frank Dimitri and Big Bob’s Burger. Big Bob had made an offer. This was done by the way the advertisement was flown across the Connecticut beaches. This type of offer is called the universal offer because it is an offer made to the whole world and one accepts it by performing the required task. Dimitri accepted the offer by starting the marathon swim.
There was a consideration for Bob Burger were willing to offer $5,000 and Dimitri was willing to swim across the Long Island South. There were legal intentions as the offeror had clearly made an offer by flying the advertisement in public.
In this case, there were terms which stated that the person had to swim across the Long Island South within a day for them to get the offer. Dimitri had only swum for four hours when the streamer was put across and so the day was not yet over.
This kind of contract can be called an express contract. This is because there were terms put across though they were not written officially in agreement foam. It is a unilateral contract because it depended on the offeror accepting the offer by either doing it orally or by performing the task.
In the case of Carlill v Carbolic Smoke Ball Company, the court declared that there was a contract by taking the puffs and contracting influenza even after the company had promised that one could not contract the disease. Carlill’s consideration was the inconvenience he went through by putting the puffs in his nose and the intention was legal for this was not a home arrangement as the company had made the advertisement of which anyone would accept the offer.