Question
Drago Trumpet is a rather aggressive character. You met him at a bar. You had been there for a while. After about twelve drinks, Drago
Drago Trumpet is a rather aggressive character. You met him at a bar. You had been there for a while. After about twelve drinks, Drago approached you and introduced himself. It is unclear how long he has been in the bar, but you have the impression that he is drunk too. Drago is a "collector." He likes to buy collectables. He has a museum in which he showcases his collectables and then resells them. You were talking to your friend about your brother's obsession with baseball cards. You were making fun of his crazy collection. You were saying that "he has a gazillion dollars wrapped up in it." You said something like, "My brother has a baseball card for like Babe Ruth or something. It is like the only one of its kind or something." That's when Drago came over. He started babbling about how rare Babe Ruth cards were, and how much they were worth, and how he would pay anything to get a card like that in his collection. You keep telling him that it's not your card, but he keeps telling you that he wants to buy it and you "just have to" sell it to him. He starts talking about hundreds of dollars and that gets your attention. When he hit $1,000 you stopped talking and started to listen. You tell your friend that your brother would be nuts not to sell it for $1,000. Next thing you know Drago has a napkin in front of you saying, "Just sign it and I will guarantee you $1,000 for the card. You look down and written in bad handwriting on the napkin is "Babe Ruth card. $1,000." And a signature - "Drago Trumpet." You laugh and say for the 20th time, "It's not mine its my brother's!" But he keeps insisting, so you say, "I will sign but it doesn't mean anything! I can't sell what isn't mine!" You sign and Drago does a drunken happy dance and leaves. You get home late, and you tell your brother about what happened. You show him a picture of the napkin. He says "What a joke! It's worth way more than $1,000. Both of my Babe Ruth cards are worth over $10,000. And that doesn't even come close to my Honus Wagner card. Anyway, I am not selling. And it's not yours to sell." You are shocked by this. You had no idea that they were worth so much. You realize that it doesn't matter and go to bed to sleep it off. You are awoken by a call from Drago the next day. Somehow, he got your phone number - you don't remember how - but he wants to pick up the Babe Ruth card and pay the $1000 you agreed to. You remind him that you told him many times that it is not yours to sell and your brother owns two Babe Ruth Cards so you don't even know which one he is talking about. But it doesn't matter because he has no intention of selling either of them. Drago starts ranting how he has a whole team of lawyers who are going to sue your butt. He is going to get that card whether you like it or not. You start to wonder if you made a mistake signing that napkin. Template Questions for the Week 7 Case Study Do your best to answer her questions in as much detail as possible by first explaining the law and then applying the law to her situation (the facts.) 1. List the 6 elements of an enforceable contract. 2. Explain in detail, whether or not each element has been met in this case.
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