+ Reply to Thread
Page 1 of 3 123 LastLast
Results 1 to 15 of 39
Like Tree4Likes

Thread: Breach of reward contract

  1. #1
    bach8351 is offline Junior Member
    Join Date
    Jul 2012
    Posts
    14

    Breach of reward contract

    What is the name of your state (only U.S. law)? Maryland

    Greed, Inc. advertises in local newspaper offering a reward for “information leading to the arrest and prosecution of persons responsible” for the theft of materials.
    Joe Citizen sees the ad and realizes that he knows who the culprits are.
    He notifies Greed, Inc. and the State Police.
    The State Police make the arrests after a brief investigation of the culprits and actually arrest them while they had the stolen materials in their possession.
    The first suspect takes a plea after confessing and is convicted.
    The second suspect also takes a plea but several weeks later.
    The first suspect retracts his confession, files for an appeal and his conviction is overturned a new trial granted.
    In the meantime, Greed, Inc. is refusing to issue the reward until all court proceedings are complete.
    Joe Citizen believes that when the ad was placed and he submitted the information (which the detectives admit was the reason the two suspects were caught), the offer to pay money for the information became a contract.
    The terms of the contract were very simple. Greed, Inc. will pay Joe Citizen $10,000 for “information leading to the arrest and prosecution of the persons responsible” for the crime.
    Greed, Inc. is now changing that contract to “information leading to the arrest, prosecution and successful conviction of persons responsible and termination of any and all legal and court proceedings regarding the thefts of materials.”
    Joe Citizen believes Greed, Inc is in breach of the contract and would like to sue them.

    Thoughts, suggestions, ideas and opinions anyone? Does Joe Citizen have a shot?
  2. #2
    Zigner is offline Senior Member
    Join Date
    Jan 2005
    Location
    California
    Posts
    53,923
    Sorry - you have to do your own homework.
  3. #3
    bach8351 is offline Junior Member
    Join Date
    Jul 2012
    Posts
    14

    Homework

    Quote Originally Posted by Zigner View Post
    Sorry - you have to do your own homework.
    I'm confused. I thought I could post this and get advice or an opinion on if I should even pursue this.
  4. #4
    swalsh411 is offline Senior Member
    Join Date
    Dec 2009
    Posts
    7,897
    Quote Originally Posted by bach8351 View Post
    I'm confused. I thought I could post this and get advice or an opinion on if I should even pursue this.
    Is this homework or did it actually happen to you? Because it sounds like homework....
  5. #5
    tranquility is offline Senior Member
    Join Date
    Mar 2006
    Posts
    18,748
    Most times, the point of such exercises is to see your reasoning, not get the "correct" answer. But, if for real, google unilateral contract.
  6. #6
    bach8351 is offline Junior Member
    Join Date
    Jul 2012
    Posts
    14

    really

    Quote Originally Posted by swalsh411 View Post
    Is this homework or did it actually happen to you? Because it sounds like homework....
    Ohhhhh, I see what you mean. You thought I was a student or something. No, this really happened to me.
    It's going to be hard to get a lawyer to take this case in my town. They aren't known for their ability or willingness to challenge the status quo.
    Verizon offered a reward, I came up with the information and the two were arrested, charged and tried. Verizon's logic of waiting until the appeal is resolved and/or all court proceedings have been completed simply does not make sense to me.
    And thanks for giving me the right term to look for. It seems to support my viewpoint.
  7. #7
    tranquility is offline Senior Member
    Join Date
    Mar 2006
    Posts
    18,748
    Verizon's logic of waiting until the appeal is resolved and/or all court proceedings have been completed simply does not make sense to me.
    You neglected to put this fact in your original post. This is where your problem lies. Do you think you can provide a timeline of all the events in summary form?

    ex.
    Jun 12 theft happened.
    Jun 14 advertisement for arrest and prosecution.
    Jun 15 I called the Po Po and told them it was Yo-Yo who did it.
    Jun 16 advertisement for arrest, prosecution and conviction.
    Aug 15 people arrested.
    Dec 21 people convicted.

    etc.
  8. #8
    latigo is offline Senior Member
    Join Date
    Apr 2009
    Posts
    3,722
    Quote Originally Posted by bach8351 View Post
    What is the name of your state (only U.S. law)? Maryland

    Greed, Inc. advertises in local newspaper offering a reward for “information leading to the arrest and prosecution of persons responsible” for the theft of materials.
    Joe Citizen sees the ad and realizes that he knows who the culprits are.
    He notifies Greed, Inc. and the State Police.
    The State Police make the arrests after a brief investigation of the culprits and actually arrest them while they had the stolen materials in their possession.
    The first suspect takes a plea after confessing and is convicted.
    The second suspect also takes a plea but several weeks later.
    The first suspect retracts his confession, files for an appeal and his conviction is overturned a new trial granted.
    In the meantime, Greed, Inc. is refusing to issue the reward until all court proceedings are complete.
    Joe Citizen believes that when the ad was placed and he submitted the information (which the detectives admit was the reason the two suspects were caught), the offer to pay money for the information became a contract.
    The terms of the contract were very simple. Greed, Inc. will pay Joe Citizen $10,000 for “information leading to the arrest and prosecution of the persons responsible” for the crime.
    Greed, Inc. is now changing that contract to “information leading to the arrest, prosecution and successful conviction of persons responsible and termination of any and all legal and court proceedings regarding the thefts of materials.”
    Joe Citizen believes Greed, Inc is in breach of the contract and would like to sue them.

    Thoughts, suggestions, ideas and opinions anyone? Does Joe Citizen have a shot?
    Let's just say that when someone fulfills the terms and conditions set forth in an offer for the payment of an award the offeror is contractually bound. The law of contracts treats it as an offer and acceptance.
  9. #9
    tranquility is offline Senior Member
    Join Date
    Mar 2006
    Posts
    18,748
    Let's just say that when someone fulfills the terms and conditions set forth in an offer for the payment of an award the offeror is contractually bound. The law of contracts treats it as an offer and acceptance.
    I agree as a general proposition, but also believe that the "terms and conditions" can change as long as the offer was not yet "accepted".

    I publish a reward in the paper for the return of Fifi on Jan 1. After thinking about it, in the next day's paper I change it to the return of Fifi *alive* on Jan 2. On Jan 3, a person fulfills all the terms and conditions of the Jan 1 unilateral offer and brings me Fifi who is now running solely in the Elysian fields.

    The reward seeker will argue he started looking on Jan 1. That was his consideration for the contract that he finally fulfilled on Jan 3.

    I, on the other hand, argue that a unilateral contract is "accepted" by performance. Since Fifi was tendered on Jan 3, the offer out there on Jan 1 was revoked by the new offer on Jan 2 so money was not owed.

    RS argues he only knew of the Jan 1 offer and that was what he was working under.

    What result? That is our problem here too. There is a blend of facts and of law here which does not quite fit the general.
  10. #10
    bach8351 is offline Junior Member
    Join Date
    Jul 2012
    Posts
    14

    Timeline

    Quote Originally Posted by tranquility View Post
    You neglected to put this fact in your original post. This is where your problem lies. Do you think you can provide a timeline of all the events in summary form?

    ex.
    Jun 12 theft happened.
    Jun 14 advertisement for arrest and prosecution.
    Jun 15 I called the Po Po and told them it was Yo-Yo who did it.
    Jun 16 advertisement for arrest, prosecution and conviction.
    Aug 15 people arrested.
    Dec 21 people convicted.

    etc.
    It's going to take me a bit to get exact dates but here is a rough timeline.
    The thefts occurred over several months.August, September, October of 2011.
    Here's a link to one article containing the offer.
    http://www.abc2news.com/dpp/news/region/cecil_county/copper-thieves-target-verizon-locations
    The reward was offered on or about 10/06/2011.
    here's a link with Verizon's exact wording.
    http://newscenter.verizon.com/press-releases/verizon/2011/verizon-offers-up-to-10000-1.html
    I believe the male was arrested 10/21/2011
    I think I submitted the information 10/10/2011
    Verizon never published a revised offer. They revised it to me orally when I started calling and asking when they were going to pony up.

    Here is an email from Verizon.

    Hi Andrew,

    Thank you for your assistance thus far in the cable theft matter you describe in your email. It is our understanding that there is a court proceeding scheduled for later this month and that you may be called to testify. If you are called to testify, it is our expectation that you would tell the truth, regardless of whether that testimony would appear to help or hurt the state’s position in the case or Verizon’s interests in the case.

    It is Verizon’s practice to not make any decisions on rewards until all court proceedings are concluded. At the end of the proceeding, John Mulvehill, with whom you have had dealings before, will reach out to you.

    Thank you,

    Donne Masaki
    Verizon Corporate Responsibility group
  11. #11
    Zigner is offline Senior Member
    Join Date
    Jan 2005
    Location
    California
    Posts
    53,923
    If they aren't successfully convicted, then they haven't been found to be responsible.
  12. #12
    OHRoadwarrior is offline Senior Member
    Join Date
    Jan 2011
    Posts
    10,568
    I think you need to print this out now, in the event you do need to pursue the reward in court.
    It is that sites content policy.



    Content standard for this category: V------ Online will only distribute content that we produce or generate (or others do on our behalf) that is lawful and will not knowingly distribute content that includes material in any of the following excluded content categories:
    Content that contains anything that is obscene or indecent, or anything with strong sexual, explicit or erotic themes or that links to such content; or
    Content that contains hate speech; or
    Content that contains excessive violence; or
    Content that contains extreme profanity; or
    Content that contains misleading or fraudulent claims; or
    Content that promotes or glamorizes alcohol abuse, illegal drug use or use of tobacco products.

    Consistent with prevailing online industry standards, content that does not satisfy the above guidelines may be distributed by V----- Online if it is included in the context of artistic, educational, medical, news, scientific, or sports material.
  13. #13
    Zigner is offline Senior Member
    Join Date
    Jan 2005
    Location
    California
    Posts
    53,923
    Quote Originally Posted by OHRoadwarrior View Post
    I think you need to print this out now, in the event you do need to pursue the reward in court.
    It is that sites content policy.
    Why would this matter for the OP?
  14. #14
    OHRoadwarrior is offline Senior Member
    Join Date
    Jan 2011
    Posts
    10,568
    Quote Originally Posted by Zigner View Post
    Why would this matter for the OP?
    According to their content policy, they are in charge of the content and will not post any ..."content that contains misleading or fraudulent claims". Therefore, conviction is not a necessary component of the reward offer. Otherwise, they might attempt to claim the offer OP responded to was not the actual agreement, but a report on the agreement. Trust me on this. I just bought a new truck and received an additional $3000 off under similar circumstances. What they agreed to and what they said they meant, were two different things. When I not so gracefully pointed out that changing the price they had already agreed to was fraudulent, they negotiated it.
    Last edited by OHRoadwarrior; 07-19-2012 at 06:30 PM.
  15. #15
    Zigner is offline Senior Member
    Join Date
    Jan 2005
    Location
    California
    Posts
    53,923
    Quote Originally Posted by OHRoadwarrior View Post
    According to their content policy, they are in charge of the content and will not post any ..."content that contains misleading or fraudulent claims". Therefore, conviction is not a necessary component of the reward offer.
    It is perfectly reasonable for the offeror to wait until the party(ies) have been convicted of the crime. If not, then they open themselves up to defamation claims.

Similar Threads

  1. Car loan contract - warranty issues - breach of contract?
    By The_Skyline in forum Consumer Contracts, Guarantees and Warranties
    Replies: 7
    Last Post: 02-02-2012, 06:03 PM
  2. Breach of contract and lying about true identity/using false name in contract
    By Michael Finke in forum Business Contracts and Franchises
    Replies: 0
    Last Post: 10-04-2010, 11:00 AM
  3. Proper Venue for Breach of Oral Contract/Quasi Contract Dispute?
    By Jurisprudence in forum Civil Litigation
    Replies: 3
    Last Post: 05-12-2010, 05:17 PM
  4. Can someone explain breach vs material breach of contract?
    By dawell0 in forum Construction & Renovation
    Replies: 7
    Last Post: 02-10-2005, 09:03 AM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

© 1995-2012 Advice Company, All Rights Reserved

FreeAdvice® has been providing millions of consumers with outstanding advice, free, since 1995. While not a substitute for personal advice from a licensed professional, it is available AS IS, subject to our Disclaimer and Terms & Conditions Of Use.