Question
The following are legal hypotheticals; please review and analyze each fact pattern and respond to the discussion questions below in an office memo format: Drive-By
The following are legal hypotheticals; please review and analyze each fact pattern and respond to the discussion questions below in an office memo format:
Drive-By Records allows customers to download twenty (20) songs for $1.00. In return, the customer must purchase five (5) additional songs each month for a year.
Tony, a 12-year-old boy, pays Drive-By Records one-dollar ($1.00) and downloads twenty (20) songs. Two months later, Tony hasn't purchased any additional songs. Drive-By Records sends Tony a letter demanding that he purchase 10 downloads now and then 5 songs a month for the next ten (10) months. Please answer the following:
- What was the offer?
- Was the offer accepted?
- What was the consideration?
- Can Drive-By Records make Tony purchase additional downloads? Why or why not?
2. Larry has decided to sell his boat. He puts a flyer up in the local boat store advertising that he is selling his boat for one thousand (1,000.00) dollars.
Noah calls Larry and tells him that he will buy his boat for the asking price. Larry tells Noah to come by the next morning with cash. A couple of hours later, Rachel calls Larry and says that she will buy his boat for the asking price. Larry tells Rachel to come by tomorrow evening with cash. The next day, Noah does not come by in the morning and Rachel comes by that evening with one thousand (1,000.00) dollars in cash and Larry sells her the boat. Noah shows up later that night with one thousand dollars ($1,000.00) and Larry tells Noah that he has already sold the boat. Please answer the following:
- What was the offer?
- What was the acceptance?
- What was the consideration?
- Can Noah sue Larry for breach of contract? Why or why not?
3. Tyriq sells pharmaceuticals. One of the drugs that he sells is a new and different type of treatment for migraine headaches. Tyriq's friend Daisy suffers from migraines, so he tells her about the new medication. Later that week, Daisy is at her doctor's office and asks if she can try the new drug that Tyriq is selling. Daisy's doctor tells Daisy that the new medication will not help her and keeps her on the same medication.
The next day, Daisy sees Tyriq and complains about her doctor. Tyriq tells Daisy that he has samples of the new drug that he will sell to her. That evening Tyriq comes over with the samples and Daisy gives him twenty dollars ($20.00). Daisy finishes the sample pack and goes over to Tyriq's home. Daisy tells Tyriq that she has not had a migraine since she started the drug. Daisy asks Tyriq if she can have another sample pack and holds out a twenty-dollar ($20.00) bill. Tyriq tells Daisy that he will give her the sample pack for forty dollars ($40.00). Daisy gets angry at Tyriq for the upcharge and leaves Tyriq's house without a sample pack. Please respond to the following:
- What was the offer?
- What was the acceptance?
- What was the consideration?
- Can Daisy make Tyriq give her another sample pack? Why or why not?
Please follow these instructions:
- References: Include a minimum of 3 resources.
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