Ch 5. 1. while shopping at Home Depot (HD), Carl Murphy cut his thumb, requiring 12 stitches. HD paid thisLO1 medical bill, but the cut developed a staph infection, and Murphy claimed he lost $3,500 in medical bills and lost wages. Murphy sued HD. His lawyer wrote HD and offered to settle for $7,500. HD's lawyer offered $7,247 representing $7,500 minus HD's previous medical payment. Murphy's lawyer sent a proposed release to HD's lawyer covering "all losses . . . directly resulting from this incident. My release does not include any other claims." HD's lawyer sent back a new release with much broader language which Murphy's lawyer refused. No settlement was signed, and Murphy received no further payment. HD then asked the court to enforce the settlement agreement it said Murphy's lawyer had agreed to in the correspondence with HD's lawyer. Had a binding agreement been made?

CH 62. a group of plaintiffs alleged that a gas station ran a promotion with an advertisement stating that if individuals purchased ten gallons of gas, they would get a free ski lift ticket voucher upon presentation of their gas receipt. However, when individuals attempted to obtain their ski lift ticket vouchers, the gas station gave them a "buy one get one free" coupon that required them to purchase one lift ticket at full price from the ski lodge in order to get a free ski lift ticket. The individuals who pur- chased ten gallons of gas alleged that a contract existed between the gas station and themselves, because the gas station's advertisement was an offer that they had accepted. were they correct?

CH 7 #2. Kristina Bishop was charged with a third offense of driving under the influence (DUi), a felony. she had twice previously entered into diversion agreements when charged with DUi. a diversion agree- ment is a contract with the state providing conditions the defendant must fulfill. when entered to avoid criminal prosecution for DUi, a diversion agreement is considered a prior conviction. Bishophad signed the first diversion agreement a year and a half before she became 18. she argued that it was voidable, that she was disaffirming, and therefore the first diversion agreement could not count as a prior conviction. was she correct?

CH 8 #2. success Management Team inc. (success) and Town & Country real estate inc. (Town) agreed that success would sell stock and a Coldwell Banker franchise to Town for $40,000. Town paid suc- cess $20,000 with the agreement and signed a note for $20,000. success later sued Town on the note. Town's lawyer sent success's lawyer a check for $18,500 with a letter saying that Town had incurred $1,500 in attorney's fees because of success's failure to transfer the Coldwell franchise timely. The check was deposited in success's attorney's escrow account. success's attorney replied that Town could not set off disputed damages (the attorney's fees) against the promised amount ($20,000). He continued that Town owed interest and attorney's fees for breaching the note and con- tract, but success would accept $25,000. Town argued that by keeping the money, success had cancelled the debt. Had it?