For Questions 2-4:

Your business enters into a written contract with Bad Frog Brewery, Inc., to distribute their beer, "Bad Frog Beer." The label on their beer bottles is depicted above. You are successful in obtaining contracts with local grocery and convenience stores to carry Bad Frog beer distributed to them by your business. However, using a little known ordinance prohibiting the display or furthering the display of products with obscene gestures in retail establishments in the county, and making violators subject to a fine of $100.00 per displayed item, Polk County issues citations to several of the grocery and convenience stores to whom you have sold Bad Frog Beer causing them to return the Bad Frog beer you sold them and rescind their contracts with you. You have also been issued citations for distributing the beer with the Bad Frog labels. You consult with a lawyer and he advises you to bring a lawsuit challenging the citations and fines issued by Polk County to the grocery and convenience stores and your company.

2. On which of the four requirements for valid contract formation could your grocery and convenience store customers claim that the contract they entered into with you for the purchase of Bad Frog beer was not valid.

3. (A). What constitutional law grounds does your lawyer inform you he will base a challenge to, and rescind, the citations and fines issued to your business by Polk County and to your grocery and convenience store customers? (B). In what court could your lawyer bring this challenge?

4. Assume Homer Simpson has heard about Bad Frog Beer and has developed a real thirst to purchase several cases. He hears that the Kwik-E-Mart, a convenience store in Springfield, Florida, has Bad Frog Beer available for sale. However, when he visits the store, he learns that the Kwik-E-Mart had the beer but returned it because of the Polk County ordinance referred to above. Homer is infuriated and decides to hire his lawyers, Lionel Hutz, Esq., to file a declaratory judgment action against Polk County in the 10th Judicial Circuit Court in Bartow to have the Polk County ordinance declared unconstitutional. Does Homer Simpson have standing to bring this declaratory judgement action? Explain why or why not. In your answer, you must explain what standing to sue means.