Can Thiago enforce the contract against HOS
Contract enforceability is the main concern being presented in this example. To fully
examine this, one first must look at the different relationships that were formed. Once the
relationships are examined, then the enforceability can be examined.
There are two different type of relationships that were formed in this example. The first
is an agency relationship between The Havana Oasis & Spa (HOS) and Rian. Miriam Webster
cites the legal definition of agency as “a consensual fiduciary relationship in which one party
acts on behalf of and under the control of another in dealing with third parties; also: the power of
one in such a relationship to act on behalf of another”. HOS created this type of relationship
when they hired Rian. The second type of relationship formed in this example is a contractual
