Contracts Keyed to Frierback
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Wrangler was a famous breeder of racehorses who owned Sir Marathon and Lady Luck, both retired sweepstakes champions. Bettum owned a racing stable and was anxious to obtain the offspring of Wrangler’s horses for his stable. After considerable negotiations, Wrangler and Bettum signed the following document:
It is hereby agreed that Bettum shall have the first right to purchase all colts foaled out of Lady Luck by Sir Marathon during the next three years. Price to be determined on the basis of sex, weight, height, and bone structure at time of delivery.
Six months later, the first colt was born to Lady Luck, and it had all the markings of a champion. Bettum immediately tendered $25,000 to Wrangler for the colt, which was a good faith approximation of its value. However, Wrangler refused to deliver the colt unless Bettum paid $100,000. Bettum sued Wrangler.
What are Wrangler’s possible defenses, Bettum’s arguments and the court’s likely outcome?Grading can be reviewed and adjusted.Grading can be reviewed and adjusted.
Tania owned a law tutoring company and hired Johnny to give bar review lectures during the week of June 10 through June 16. Unfortunately, Johnny came down with the flu and informed Tania, by letter, that he couldn’t teach the bar review courses as scheduled. On June 1, Tania sent the following letter by overnight mail to Ronny, Tommy and Lonny, three other attorney instructors who worked for Tania’s tutoring company:
“Hey, Johnny cannot teach the bar review for the week of June 10 through 16 because he is sick. I need another attorney instructor. Please be at our headquarters by June 9th so I can train you. Our seminar is full, so money isn’t a problem. Thanks! Tania.”
All three letters were identical and were received by the respective attorney instructors on June 2.
Q. Assume for this question only that when Tommy got the letter he showed up on June 9th, but since Johnny was feeling much better, he showed up as well. Tania really wanted Johnny to teach, and claimed that since the letter was sent to three different attorney instructors, while she only needed one to teach, her letter was not intended as an offer. Will Tania prevail on this defense?Grading can be reviewed and adjusted.Grading can be reviewed and adjusted.
Lorenzo owned a gorgeous Spanish style home in Rancho Cordova. The home was built in the 1930s, and had a tile roof made of red slate. One day Lorenzo said to Izod, a roofer, “my roof leaks. I think the old tiles are cracked. If you will replace them, with all new tiles, I will pay you $5,000.”
Izod replied, “sure, if I can see my way clear of my hectic schedule”. Lorenzo remarked, “that’s fine, but let me know
Three days later, Izod drove his pickup truck to Lorenzo’s and unloaded the materials and equipment he would need
to retile the roof. When Lorenzo looked out his window and saw this, he ran out and exclaimed, “hey dude, the deal is off, I decided to do it myself.”
If Izod brings an action for breach of contract, what is Izod’s best argument for recovery?Grading can be reviewed and adjusted.Grading can be reviewed and adjusted.
Thompson’s Dry Goods Store published the following advertisement in the Silver City Morning News on Monday March 12th:
“8 Brand new STETSON COWBOY HATS Beaver Felt, selling for $72.50. Out they go, Sat. March 17th, $5.00 each.
1 Navajo Turquoise Necklace, worth $125.00, now selling for $40.00 First come, First Served”
On the following Saturday, Roy was the first person to arrive at the store and demanded the necklace. The store clerk refused to sell it to him because it was a “house rule” that the sale was intended for women only.
If Roy brings suit against Thompson’s, how will the court rule?Grading can be reviewed and adjusted.Grading can be reviewed and adjusted.
Glenda, the owner-director of an exclusive private summer camp for children, hired Clara the Clown to perform for the children during the week of June 10 through 16. Unfortunately, Clara came down with acute laryngitis and informed Glenda by letter that she would be unable to perform until sometime in late June. On June 1, Glenda sent the following letter by overnight mail to Ronny, Tommy and Lonny, three other clowns.
“I’m in a bind. I had lined up Clara the Clown for the week of June 10 through 16, but she’s sick and can’t perform. I need another clown. You have to be here at camp by June 9th at the latest so I can prep you on this year’s program. Camp is filled to capacity so money is no problem. Sincerely desperate, Glenda.”
All three letters were identical and were received by the respective clowns on June 2.
Assume that Ronny shows up on June 9th, telling Glenda all her problems are solved. However, Clara has recovered and Glenda claims there is no contract between the camp and Ronny. The camp asserts the defense that Clara’s recovery from her illness was a changed circumstance that excused it from liability on its contract with Ronny.
Will the camp prevail on this defense?Grading can be reviewed and adjusted.Grading can be reviewed and adjusted.