Question
Read the following case and provide answers to the following questions. The answers must be complete and well thought out. They are based on the
Read the following case and provide answers to the following questions. The answers must be complete and well thought out. They are based on the material that you were assigned to read and the material covered in class. Pay attention to the IRAC Guide posted because this is the format you must follow in your answers.
Do not bother to find the case and read it. It does not provide the complete legal analysis that I expect from you, and will simply confuse you.
The answer to each question is worth 20 points for a total of 40 points. The points are broken down as follows: 3 points for the correct legal issue, 5 points for the correct and complete rule of law, 10 points for a complete and correct legal analysis, and 2 points for the correct answer.
#1. Would the April 6th advertisement have been an offer? Why or why not? You must use the entire rule of law for an offer and do a complete IRAC analysis. You must do a complete legal analysis, not just a conclusion, show how you got to that conclusion.
#2. Why was the April 13th advertisement an offer (you can't say "because the court said so.") You must again use the entire rule of law for an advertisement and do a complete IRAC analysis. Warning; the case does not specifically provide an answer for everything that I am asking.
You must do a complete legal analysis for both #1 & #2 (some of it will be the same, some not), not just a conclusion, show how you got to that conclusion.
Morris Lefkowitz v. Great Minneapolis Surplus Store, Inc.
This case grows out of the alleged refusal of the defendant to sell to the plaintiff a certain fur piece which it had offered for sale in a newspaper advertisement. It appears from the record that on April 6, 1956, the defendant published the following advertisement in a Minneapolis newspaper:
"Saturday 9 a.m. sharp
3 Brand New Fur Coats
Worth to $ 100.00
First Come, First Served
$ 1 Each
On April 13, the defendant again published an advertisement in the same newspaper as follows:
"Saturday 9 a.m.
2 Brand New Pastel Mink 3-Skin Scarfs
Selling for $ 89.50
Out they go
Saturday Each $ 1.00
1 Black Lapin Stole
Beautiful,
worth $ 139.50 - $ 1.00
First Come, First Served"
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