Question
Vinnie's, a small neighborhood bar, has been a favorite of locals for years. One afternoon in March, Bert, a regular customer at Vinnie's, overhears Vinnie
Vinnie's, a small neighborhood bar, has been a favorite of locals for years. One afternoon in March, Bert, a regular customer at Vinnie's, overhears Vinnie on the phone behind the bar making a series of increasingly agitated calls. To one person after another, Vinnie pleads, "I'm drownin' here! I'm not making money anymore. I reallyneedan experienced comedian. Anyone who can liven up this place, get a little more traffic through the doors! I'll pay $200 a night for 2 hours of work, 9pm to 11pm. I'd promise to keep you working a couple of nights a week at least until the New Year."
To Bert, who can't but help to listen, it's obvious that the folks on the other end of Vinnie's calls are not interested. Bert sidles over to Vinnie, just as Vinnie starts to dial yet another number, and solemnly declares, "I'll take your offer. Look, I studied comedia dell'arte in college, and I'm really funny. Plus, I can use the $200 a night." With a glare, Vinnie turns his back on Bert and continues placing his next call.
When Vinnie hangs up, Bert says, "I'm serious, man, I could do this. In fact, I'd love to do it. I'd be great. I'll even do it for half what you're offering to those other losers."
Vinnie shakes his head, "Yeah, comedia dell'arte ought to have em' running . . . runnin' for the door outta here! Are you crazy! No way I'm letting you near a microphone."
Several hours and many, many failed phone calls later, however, with Bert still at the bar, Vinnie starts reconsidering. He says apologetically, "Look Bert, I'm sorry for earlier. I'm sure you're freakin' hilarious, and I can't find anyone else. I accept your offer."
This time, it's Bert who shakes his head. "Yeah thanks, but no thanks."
"Oh, come on Bert, don't be like that. I was just giving you crap. It's just hard, you know, to tell if someone is really going to be funny or not. Take the microphone tonight for free. Get good laughs until 11 pm, and I'll give you the job through the New Year at $225 a night. What do you say?"
Bert says nothing, picks up his jacket and heads for the door. As he's walking out, Vinnie mumbles under his breath, "Fine. What do I care if you don't want the opportunity."
Vinnie goes back to his calls, and eventually finds an out-of-work comedian, Tara, who agrees to come for $250 for two hours a night, starting that very night.
At 8:55 that evening, however, Bert shows up complete with a new comedia dell'arte costume. Vinnie is in the back room when Bert jumps onto the stage, takes the microphone, and starts a routine. The crowd begins to laugh uproariously.
Vinnie interrupts, grabs the microphone from Bert and says, "What the hell! You lost your chance. I've hired someone else to do a show tonight that'll start at 9:00pm!"
Evaluating and discussing each phase of the exchange between Bert and Vinnie, please analyze whether a legally enforceable deal between them was ever formed.
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To analyze whether a legally enforceable contract was formed between Bert and Vinnie we need to evaluate each phase of their interaction 1 Initial Off...Get Instant Access to Expert-Tailored Solutions
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