What is the name of your state? New York
My name is Sam, and I reside in NY. I am taking a Business Law class, and am participating in a case study. I was wondering if you could offer a suggestion or two on a defense for the case we are working on. The plaintiff group in this case has already submitted their write up, and our group, the defense, is working on our reply this week.
The facts of the case study are as follows:
“Abigail has a litter of purebred Chihuahua puppies for sale. She puts the following ad in the paper:
"Quoted for immediate acceptance-- purebred toy breed puppies for sale--$100 per puppy. Contact box 456."
Alex reads the ad in the paper and decides that $100 is a good price for a purebred puppy--the usual price for a purebred Chihuahua is at least $600 to $1000. He decides to buy. He sends a $100 check to box 456 with instructions to send the information as to when he can pick up his puppy to his home. Abigail receives Alex's note and the $100 check. However, by this time, she has decided that she cannot bear to part with these adorable dogs.
Abigail cashes the check and when Alex arrives at the agreed upon place, Abigail brings a 2 month old, Heinz 57 puppy (your basic mutt) she picked up at the pound. Alex takes the puppy, for he is not quite sure what a toy breed puppy should look like. In 6 months, his puppy, Wee Willie, weighs 57 pounds, and Alex is fairly sure Willie is not a purebred toy breed puppy. Alex sues Abigail for damages, but will not even consider parting with the dog. He does not want to give Willie back to Abigail. Although he is a big, ugly dog, Alex loves him.
The plaintiff Alex sues the defendant Abigail. Take another look at the Discussion of the Law document and have fun!”
The plaintiff wrote up a brief citing breach of contract, and fraud on part of Alex.
Our group and I have been looking at the offer as shown in the case, and are wondering that if all the elements of a contract are present, and if not, could the contract be legally binding, and the performance of such be used as a reason to exercise a claim for damages. If the offer wasn’t valid to start off with, could Alex, by sending in a check, and subsequently, Abigail cashing that check be construed as an acceptance of the offer. I also question the “Contact box 456”. Shouldn’t have Abigail provided more contact details than that, as legal papers can not be delivered to a post office box.
I am just looking for some insight and a jumping off point
My name is Sam, and I reside in NY. I am taking a Business Law class, and am participating in a case study. I was wondering if you could offer a suggestion or two on a defense for the case we are working on. The plaintiff group in this case has already submitted their write up, and our group, the defense, is working on our reply this week.
The facts of the case study are as follows:
“Abigail has a litter of purebred Chihuahua puppies for sale. She puts the following ad in the paper:
"Quoted for immediate acceptance-- purebred toy breed puppies for sale--$100 per puppy. Contact box 456."
Alex reads the ad in the paper and decides that $100 is a good price for a purebred puppy--the usual price for a purebred Chihuahua is at least $600 to $1000. He decides to buy. He sends a $100 check to box 456 with instructions to send the information as to when he can pick up his puppy to his home. Abigail receives Alex's note and the $100 check. However, by this time, she has decided that she cannot bear to part with these adorable dogs.
Abigail cashes the check and when Alex arrives at the agreed upon place, Abigail brings a 2 month old, Heinz 57 puppy (your basic mutt) she picked up at the pound. Alex takes the puppy, for he is not quite sure what a toy breed puppy should look like. In 6 months, his puppy, Wee Willie, weighs 57 pounds, and Alex is fairly sure Willie is not a purebred toy breed puppy. Alex sues Abigail for damages, but will not even consider parting with the dog. He does not want to give Willie back to Abigail. Although he is a big, ugly dog, Alex loves him.
The plaintiff Alex sues the defendant Abigail. Take another look at the Discussion of the Law document and have fun!”
The plaintiff wrote up a brief citing breach of contract, and fraud on part of Alex.
Our group and I have been looking at the offer as shown in the case, and are wondering that if all the elements of a contract are present, and if not, could the contract be legally binding, and the performance of such be used as a reason to exercise a claim for damages. If the offer wasn’t valid to start off with, could Alex, by sending in a check, and subsequently, Abigail cashing that check be construed as an acceptance of the offer. I also question the “Contact box 456”. Shouldn’t have Abigail provided more contact details than that, as legal papers can not be delivered to a post office box.
I am just looking for some insight and a jumping off point