New York Law (NYLE) Practice Exam

If Lilly decides to retract her offer to lease a property to Jake after seeing his son, what would Jake's chances be in a legal suit for breach of contract?

1. He is likely to win because there was an agreement reached

2. He is unlikely to win due to Lilly's residency in the home

3. He is likely to win due to discrimination laws

4. He is unlikely to win due to lack of formal contract

The correct answer is: He is unlikely to win due to Lilly's residency in the home

To assess Jake's chances in a legal suit for breach of contract in the context given, it is crucial to consider the nature of the agreement and the legal implications of retracting an offer. If Lilly decided to retract her offer after seeing Jake's son, the fundamental issue lies in the nature of the agreement itself. For a contract to be legally binding, there must be an acceptance of the offer that creates a mutual agreement. If there was no formal acceptance by Jake—meaning he had not signed or agreed to the terms of the lease—then no enforceable contract exists. In this situation, the law would not recognize a breach of contract since there was no finalized agreement between Lilly and Jake. Furthermore, Lilly's potential ability to retract her offer could also be informed by local tenancy laws or regulations. If there were no discriminatory practices involved in her decision to retract—the retraction could be based on personal discretion or other legitimate factors regarding her own housing situation—Jake lacks grounds for a successful claim. Therefore, it appears Jake's chances of winning a breach of contract suit are low, primarily due to the absence of a formal contract.