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Evan and Dale are the shareholders of Bistro 24 Corporation, which owns and operates the Bistro 24 restaurant, a popular full-service mid-market eatery located in

Evan and Dale are the shareholders of Bistro 24 Corporation, which owns and operates the Bistro 24 restaurant, a popular full-service mid-market eatery located in the South Street Seaport area of Manhattan.Evan is the general manager, and this past week has been the worst one of his professional life.Each of the events described below happened and Bistro 24 is seeking advice from your law firm.Your advice should answer the questions asked and should also advise Evan and Dale about any steps your firm believes they should take in the future to avoid the problem(s) they have encountered. Your advice on each issue is worth up to 20 points.

[These scores will be used to supplement your overall grade in the class, resulting in up to a 10% increase in your final grade. E.g., if your final grade in the class is 70%, and you earn 50 points on this extra credit exercise, your final grade for the class would increase to 75%.]

Issue A-

Evan has realized that Lucia, his advertising manager, does a terrible job of proofreading. Yesterday, Bistro 24's advertisement in the Daily News for the Saturday Special five-course prix fixe dinner states the price for dinner for two as $9.99 instead of $99.99.Before anyone noticed the problem, the reservations clerk had already accepted reservations for Saturday from 50 people who called to ask for "the Saturday Special in the Daily News."Does Bistro 24 have to provide dinners to those 50 customers, and any other customers who saw the advertisement, at the $9.99 price?

Lucia's second error was on Bistro 24's website.Bistro 24 was offering a special promotional t-shirt with "Bistro 24" printed above a picture of the New York harbor.The site should have said, "Get one for two dollars."Instead, it said, "Get two for one dollar."One hundred customers completed orders, and their credit cards were each charged $1 for two t-shirts, before Lucia noticed the problem and changed the website. Does the restaurant have to send the t-shirts to those 100 customers?

Issue B -

As general manager, Evan has entered into some contracts on behalf of Bistro 24.Last week, Evan phoned Restaurant Suppliers and, in that conversation, made an agreement to purchase a used deep fryer for $750, which was to be delivered yesterday.Evan sent one of the waiters to Restaurant Suppliers with $100 cash, as a down payment for the fryer, which Restaurant Suppliers accepted.

Evan also spoke to Maria, who owns the property next door to Bistro 24.Maria agreed to rent one room of her property to Bistro 24, which badly needs the space for storage, for three years, beginning next month, at a rent of $1,000 per month.Evan gave Maria a check for $2,000 for the first month's rent and security.

Yesterday, Restaurant Suppliers called to say that Restaurant Suppliers would not be selling the fryer to Bistro 24.Maria called to say that she has decided not to rent the room.

Will Bistro 24 be able to enforce either contract?For each contract, what remedies would Bistro have if it can enforce the contract?What remedies would it have if it cannot enforce the contract?

Issue C -

Bistro 24's delivery person caused a five-car pileup on the FDR Drive when he was texting his fianc while driving to his next delivery destination. All vehicles were severely damaged, and twelve people were taken to area hospitals for various serious injuries.

Will Bistro 24 have any liability for this accident? Why? To whom?

Issue D -

Kim, the executive chef, informed Evan yesterday that she is quitting and will start working for a competitor across the street next week. A large part of the restaurant's present success is due to her reputation.Five months ago, when she began working, she entered into a written and signed agreement in which she promised to work for one year and also promised not to go to work for a competitor anywhere in Manhattan during that one year period and for at least six months after the end of that year.

Will Bistro 24 be able to enforce the contract against Kim?What will Bistro 24 need to prove? If Bistro 24 can enforce the contract, what remedies will Bistro 24 have?Will it be able to force Kim to work for Bistro 24 for the remaining seven months of the contract?

Issue E -

Last week, the restaurant entered into a written and signed contract with Fulton Seafood Distributors to purchase 200 pounds of sashimi grade tuna for $5,000.The tuna has now been delivered and the seafood chef says that at least half of the tuna is actually previously frozen steak grade tuna that he would not even feed to his cat and cannot be used at the restaurant and needs to be thrown out.Evan called Fulton, explained the problem, and offered to pay $2,500 for the tuna Bistro 24 received.Fulton's manager insists that all of the tuna was fresh and sashimi grade and that Bistro 24 owes Fulton $5,000.

What are some possible courses of action for Bistro 24?What are the possibilities of what might happen for each course of action?

I need help with the 5 issues.

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