Question
Later that day, Driver emailed Financial Advisor to confirm his reservation. Driver attached a photo of her car to the email, so that Financial Advisor
Later that day, Driver emailed Financial Advisor to confirm his reservation. Driver attached a photo of her car to the email, so that Financial Advisor would recognize it when she picked him up. After viewing the photo, Financial Advisor emailed Driver the following:
Thank you for confirming my reservation for next week. However, I am worried by the photo of your car you attached. I am planning to bring some of my photography equipment to my meetings that day, and itdoesn'tlook like the larger equipment will fit in your car. I would prefer an SUV, to be sure that all of my equipment will easily fit in the vehicle.
Driver did not respond to Financial Advisor's email. On the day of Financial Advisor's reservation, Driver did not pick him up at the scheduled time. The hotel's concierge, who knew about Financial Advisor's meeting schedule, immediately offered to arrange substitute transportation that would get Financial Advisor to all his meetings on time. Financial Advisor declined the concierge's offer, and insisted on waiting for Driver and using Arkadelphia Drivers. After waiting for half an hour outside his hotel, Financial Advisor went back up to his hotel room and emailed Driver:
Where are you? I have already missed my first meeting this morning, and I have five more scheduled throughout thedayincludingtwo more before noon.
Shortly after, the supervisor called Financial Advisor, who was still in his hotel room, and arranged to send an alternative chauffeur to take him to his afternoon meetings. Financial Advisor attended all three, signing contracts with two of the three clients. Financial Advisor later complained to Arkadelphia Drivers that he would have made $15,000 profit on each morning appointment, had he signed a contract with each potential client. Financial Advisor then sued Arkadelphia Drivers for breach of contract, seeking only $45,000 in damages arising from the missed morning meetings. Assume a valid contract between Arkadelphia Drivers and Financial Advisor.
Question
1.Arkadelphia Drivers argues that it had no contractual obligation to pick up Financial Advisor on the day of his reservation. Is this argument likely to succeed? Explain, making sure to articulate the rationale behind the argument.
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