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Practice Exam

Practice Exam. Lucky versus Resort Homes. Lucky: * sent only 200, could contract with each * Section 24: no further assent expected (“you have been chosen”). Resort Homes: * form letter (“Dear Prize Winner”) * not offer, similar to Lonergan . * similar to an advertisement.

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Practice Exam

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  1. Practice Exam Lucky versus Resort Homes

  2. Lucky: * sent only 200, could contract with each * Section 24: no further assent expected (“you have been chosen”) Resort Homes: * form letter (“Dear Prize Winner”) * not offer, similar to Lonergan. * similar to an advertisement. Is the Postcard an Offer?

  3. Lucky: * phone call is acceptance (arrival is details of performance only) * 2/9 revocation effective on 2/11 receipt Resort Homes: * if phone call is acceptance, then it is based on 1/10 arrival; therefore, Lucky breached. Bilateral Offer Acceptance

  4. Lucky: * Fax is offer * RH accepts by silence. Restatement Section 69(1)(c). OR * Fax is merely a modification of an existing contract. Resort Homes: * If fax is an offer, no acceptance. No basis to expect silence as an acceptance. * Fax is an indication that Lucky will breach earlier agreement. Is the FAX an Offer or Breach?

  5. Lucky: Acceptance is: Showing up at the resort. OR If acceptance is the tour, then only thing preventing Lucky is RH, see Petterson. If acceptance is tour, then part performance. Section 45. Resort Homes: Acceptance is completion of the tour, RH revoked its offer prior to Lucky taking the tour. Unilateral Offer Acceptance

  6. Lucky: RH was seeking Lucky’s trip to the resort in exchange for its promise to pay $500. Section 71 of Restatement. Resort Homes: Trip to the resort was a condition on a gift. Plowman. Consideration

  7. Promissory Estoppel Section 90 of the Restatement

  8. Lucky: Postcard is a promise. “Win” and “prize money” suggest a commitment. See Section 2 of Restatement. Resort Homes: Postcard was, at best, an offer, not a promise. Not a commitment unless accepted and Lucky did not accept. Promise

  9. Lucky: Resort Homes sought Lucky’s reliance. It was the whole point of Resort Homes’ marketing campaign. See Katz v. Danny Dare. Resort Homes: hard to come up with any credible argument. Expectation of Reliance

  10. Lucky: Drove to the resort. Took a day off from work. Resort Homes: hard to come up with a credible argument. Reliance

  11. Lucky: Resort Homes should not be able to avoid the costs associated with its own marketing scheme. Resort Homes: No injustice since Lucky bought a condo that he loves. Injustice

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