Chapter 39, Problem 11CP

Mary, a keen pottery collector, saw a notice in the Daily News for an auction at James Pottery Limited on September 30th 2022. She traveled 300 kilometers to attend the auction in order to bid for a particularly rare item the “Mozart Pottery”, specifically mentioned in the list of items to be auctioned. However, when she got to the auction site, she found a notice stating that the auction had been canceled. Mary thereafter proceeded to a nearby antique shop and saw on display in the window, the identical “Mozart Pottery” priced at $10,000.  Mary told the shop owner, Anthony, that she was only willing to pay $8,000 for it. However, Anthony indicated that he is willing to sell the pottery for $9,500.  Mary then indicated to him that she desires some time to think it over and after lunch, she will advise him. Anthony subsequently, agreed not to sell the identified pottery, until she return after lunch. However, Anthony forgot his promised to Mary and sold it to John for  $9,500 before…

Carl works as a waiter for a restaurant in Panama City Beach, Florida. The restaurant closes at 11:00 p.m. Two patrons came in at 10:30 p.m. and stayed until 12:00 a.m. Carl was their waiter and gave excellent customer service. The patrons left a $5.00 tip for Carl on a $200.00 bill and left a note saying, “Go back to school if you want more money.” Carl was so upset that he went home and posted on Facebook about how cheap, stinky, and ugly the patrons were. Carl mentioned the restaurant's name in his post. Carl had only 20 Facebook friends, and his privacy settings only allowed friends to see his posts. One of Carl's coworkers saw the post and told the restaurant manager. The restaurant manager terminated Carl based on violating two company policies: 1. The policy prohibiting speaking disparagingly about customers and 2. The policy prohibits casting the restaurant negatively on social media networks. Carl is not in a union. How do you analyze whether or not the restaurant's…

Bart Inc. developed a new medical rub called “NoPain Muscular Rub” that can be used in the event of muscular back pains. Bart Inc. via an online advertisement, stated that they are willing to pay $5,000 to anyone who used their muscle rub “Nopain” for one week and still suffers with back pains thereafter. Bill who suffer from back pains, saw the online advertisement and decided to purchase “NoPain Muscular Rub”. He used it for a full week, but nevertheless still suffered from back pains. Based on the fact that the muscular rub “Nopain” did not relieve his back pains, he sued Bart Inc. for the monies that were promised. However, Bart Inc. argued that the advertisement was not an offer, but an invitation to invite offers. They further argued that at no point in time did Bill make an offer and as such, they are not bound to pay him any monies, since the parties did not create any binding agreement. Advised Bill on his legal options using the IRAC model

Bart Inc. developed a new medical rub called “NoPain Muscular Rub” that can be used in the event of muscular back pains. Bart Inc. via an online advertisement, stated that they are willing to pay $5,000 to anyone who used their muscle rub “Nopain” for one week and still suffers with back pains thereafter.   Bill who suffer from back pains, saw the online advertisement and decided to purchase “NoPain Muscular Rub”. He used it for a full week, but nevertheless still suffered from back pains. Based on the fact that the muscular rub “Nopain” did not relieve his back pains, he sued Bart Inc. for the monies that were promised.   However, Bart Inc. argued that the advertisement was not an offer, but an invitation to invite offers.  They further argued that at no point in time did Bill make an offer and as such, they are not bound to pay him any monies, since the parties did not create any binding agreement.   Advised Bill on his legal options using IRAC

Gardner-Denver is the largest manufacturer of ratchet wrenches and their replacement parts in the United States. Gardner-Denver had two different lists of prices for its wrenches and parts. Its blue list had parts that, if purchased in quantities of five or more, were available for substantially less than its white list prices 1 - Purport 2 - Did Gardner-Denver engage in price discrimination with its two price lists? 3- Assuming that Gardner-Denver has engaged in price discrimination, what law would be violated in such situation? 4- Which agency of the federal government is responsible to investigate cases that may involve price discrimination?

CASE SALES OF GOODS ACT Star Homes Company a home builder in Sohar purchased various appliances of value RO 5000 from International Appliances Company a retail merchant selling home appliances in Muscat. They were intended to be installed in one of the Star Homes under construction houses and were to be delivered on February 1 between 9:00 am to 5:00 pm. At 5 o’clock on that day, the appliances had not been delivered to Star Homes Office. Star Homes employees waited for a while closed the office and left. Sometimes between 5:00 pm and 6:30 pm International Appliances Company truck came and since was no one present in Star Homes office the delivery man put the appliance in the garage and left. During the night, someone stole the appliance. Star Homes denied that it was responsible for the loss and refused to pay International Appliances Company for the appliances. International Appliances Company filed a case against Star home company claiming for the purchase price. QUESTIONS: 3-​If…

Darren goes to a monster truck rally.  Before going to the rally, he does not read the back of his ticket, which states "Monster truck rallies are extremely loud and noisy.  Ear protection is highly recommended.  By purchasing this ticket, the bearer of the ticket has expressly assumed any and all risk of ear injury associated with attending this event."  Darren, not having read the back of the ticket, does not bring earplugs or other protective ear equipment to the rally.  After the rally, he has constant ringing in his ears and cannot clearly hear people talk to him.  Did Darren expressly assume the risk of ear injury? What about impliedly? Why or why not?

Bart Inc. developed a new medical rub called “NoPain Muscular Rub” that can be used in the event of muscular back pains. Bart Inc. via an online advertisement stated that they are willing to pay $5,000 to anyone who used their muscle rub “Nopain” for one week and still suffers from back pains thereafter. Bill who suffers from back pains, saw the online advertisement and decided to purchase “NoPain Muscular Rub”. He used it for a full week, but nevertheless still suffered from back pains. Based on the fact that the muscular rub “Nopain” did not relieve his back pains, he sued Bart Inc. for the monies that were promised. However, Bart Inc. argued that the advertisement was not an offer, but an invitation to invite offers.  They further argued that at no point in time did Bill make an offer and as such, they are not bound to pay him any monies, since the parties did not create any binding agreement. Advised Bill on his legal options stating relevant case law as well as using the IRAC…

1. Happy Farms, Inc. ordered 1,000 gallons of a specialty pesticide, “Berry Good,” for its berry crop. The total price of the order was $15,000. Happy Farms paid $5,000 up front and promised to pay the balance upon delivery. JA changed the order to a newer product “Very Berry Good” without notice to or consents from Happy Farms. Upon delivery, the head farmer at Happy Farms, Allison Kagan, noted that the product was not the same as she ordered. Later that afternoon, Kagan notified JA that the pesticide was not what she had ordered and refused to pay the balance on the shipment. Happy Farms held the boxes of pesticide, but, to date, JA has not retrieved them. What are JA’s legal options in this situation? 2. Martin Rupe worked as the manager of one of JA’s retail outlets. A customer came in and offered to buy all remaining “Berry Good” pesticide for…