Comments on: What Does “100 Grand” Mean to You?

By: Tech Law Advisor

Tech Law Advisor — Sun, 26 Jun 2005 15:07:01 +0000

Blawg Review #12

Come one, come all to Blawg Review #12.

By: Scott Moss

Scott Moss — Sat, 25 Jun 2005 09:22:49 +0000

Can we apply the old saw about construing contract ambiguity against the drafter, at least where the drafter is far more sophiticated and experienced in the sort of transaction at issue?

By: Eric Goldman

Eric Goldman — Sat, 25 Jun 2005 07:54:02 +0000

Good point, Scott. This is exactly the type of dcotrine that a court could use to reach the result the judge thinks is fair. Eric.

By: A Stitch in Haste

A Stitch in Haste — Fri, 24 Jun 2005 19:47:57 +0000

Candy Bars and Strict Constructionism

If fact patterns like this don’t make you want to go to law school, then nothing will:

A woman who won a radio contest that promi…

By: Eric Goldman

Eric Goldman — Thu, 23 Jun 2005 14:37:21 +0000

Thanks for the comment. I do think the radio station is paying attention. According to the Smoking Gun, the DJ has been fired. Plus, I don’t want to underestimate the chances of the plaintiff winning in court. My colleague Christine (see trackback link) thinks the plaintiff has a good chance. But you’re right–this could be a solid case for a consumer protection agency to get involved, perhaps to send a message to radio stations to keep their stunts under control. Eric.

By: Daniel

Daniel — Thu, 23 Jun 2005 14:29:47 +0000

The better approach would have been to go to the state AG to enforce state laws regarding sweepstakes rules and false advertising. That’s not a laughable claim at all. Although the aggrieved private party would probably still not see $100,000, she might well end up getting more than $5k that way, and the radio station would be more likely to pay attention to such issues going forward.

By: Eric Goldman

Eric Goldman — Thu, 23 Jun 2005 13:52:15 +0000

Not sure how much the two of us want to relive first year Contracts together, but…

If you’re arguing promissory estoppel:

* What was the radio station’s offer/promise?

* What would have constituted acceptance?

If the offer is to pay $100,000, why don’t we have acceptance by performance (being the 10th caller) or expressly (in whatever the woman said in the telephone call)? If neither of those constitute acceptance, then what offer/promise is still outstanding after she spoke to the radio station that creates a possibility of promissory estoppel?

By: Matthew Goeden

Matthew Goeden — Thu, 23 Jun 2005 13:29:51 +0000

The last statement was made with a promissory estoppel slant.

(maybe this is why i excelled, *cough, in Contracts)

‘Nother fun fact scenario, although I am sure that this is pretty common.

A friend of my graduated from college recently. After a long, drawn-out interview process, she received an offer over the telephone on a Monday. On Tuesday, she informed her other job offers that she was taking another job. On Wednesday, she called the boss/CEO/president/? (small consulting group — 10 employees). Before she could mutter the words, “I accept,” the boss rescinded the job offer.

Offer-Yes

Acceptance-No

Equitable Relief ala Promissory Estoppel-Maybe?

This makes me think about what I would do if I ever was in the same situation. If I have to make a call to accept an offer, the first thing out of my mouth would probably, be “Howdy; I ACCEPT!!”

By: Conglomerate

Conglomerate — Thu, 23 Jun 2005 12:32:47 +0000

Fascinating Contracts Exam Question

My colleague Eric Goldman (who teaches Contracts) reports on a prize case from Kentucky.

By: Eric Goldman

Eric Goldman — Thu, 23 Jun 2005 11:40:04 +0000

Good points, Matt. However, I don’t think the legal analysis would change if she relied upon her subjective belief–in theory, the contract formed when she was the 10th caller, right? If so, her subsequent behavior doesn’t change our perspective about contract formation (but it might affect damages). If we still have doubts about contract formation, then her subsequent behavior might shed light on her subjective belief, but given her kids’ crushed emotional spirits, we don’t need much more evidence of that! Hmm, this gives me an idea for an exam question… 🙂 Eric.