Question
Wall collects oil paintings. He has been trying for some years to commission a work from Muse, an artist well-known both for her brilliance and
Wall collects oil paintings. He has been trying for some years to commission a work from Muse, an artist well-known both for her brilliance and her eccentricity. Muse claims that "alien implants" have asked her to beautify Earth in preparation for their "Glorious Possession" of humankind. She has several times rejected generous offers from Wall on grounds that, as she said, "Your measly money will not suffice to advance my crusade on behalf of the Possessors."
Some people view Muse's proclamations as a mere publicity stunt whereas others think her quite sincere. Wall himself does not know whether Muse is cleverly bargaining for more money or genuinely seeking something less worldly. In August, he thus made her an offer calculated to cover both possibilities. "If you will prepare a painting for me," he wrote to her, "I will give you the choice between $1,000,000 (double my previous offer!) or my promise to put the painting on 1,000 billboards once my own alien implants tell me that the Glorious Possession is imminent. Please respond quickly. Signed, Wall."
Muse excitedly phoned Wall. She got a generic recording and left voice mail saying, "This is Muse. I accept your offer." Unbeknownst to her, Muse had called the wrong number and Wall never received her message. She immediately began to work on the painting.
In October Wall fell onto hard times. He wrote to Muse, saying, "I still want you to prepare a painting for me but I can no longer give you the option of accepting cash."
Muse received Wall's October letter but continued her work. As she did so, she reflected that Wall's offer demonstrated her growing fame and popularity. Her friends noticed that her eccentricities were becoming more pronounced. She began claiming to her friends that the "alien implants" were no longer merely encouraging her but ordering her to paint. By December she had finished Wall's painting. She wrote to him, "We the Possessors have seized control of Muse's body and have completed the painting that you requested. We will soon direct you to reproduce it on 1,000 billboards. Signed, Muse."
Surprised and pleased by this letter, Wall looked forward to receiving the painting. But it did not arrive after several weeks and Muse refused to return his messages. Wall has retained you as his attorney. Analyze the merits of Wall's contract claim against Muse and advise him on whether or not to bring suit
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started