For a valid contract, each side must have the capacity to enter into it. This case provides that Parker is a competent individual who willfully accepted an offer to conduct research for the Democratic nominee, also a competent party. We can conclude that both parties had the capacity to enter into a binding contract and element one is satisfied.
Element 2: Consideration. In order to hold both parties to the contract, each must give something in exchange. Money is the most common form of compensation. The Democratic nominee agreed to pay Parker $25,000 plus expenses to research their opponent, and Parker agreed to provide a report in return. The exchange of a completed report for money satisfies the second element of consideration.
Element 3: Meeting of the Minds, or Mutual Assent. This means that both sides must fully understand the details, rights, and obligations of the contract. Exhibit 8 of the case study, the agreement between Parker and the Democratic Party, provides clear, concise details as to what each party was required to do to satisfy their part of the contract. Therefore, a mutual assent or meeting of the minds clearly occurred when both parties signed the agreement, and the third element was satisfied.
Since all valid contract elements were satisfied, it can be concluded that the contract between Parker and the Democratic nominee was valid. .
The original agreement, Exhibit 8, with the Democratic Party candidate specifically stated the "use of reports- which essentially said that the research and the publications used in the research shall not be used "for any other purpose, campaign, or person- and that the research was to be used "during the present campaign cycle only."" This type of bilateral contract basically promised that the two parties would maintain the terms of the contract between them only. If the research had been sold to another party during the campaign in addition to who it was originally created for, then Parker would have been in breech of contract and the Democratic Party would have every right to sue for damages.
