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Old 11-13-2007, 04:50 PM
burkoboy burkoboy is offline
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Join Date: Dec 2005
Location: Cincinnati/ OSU
Posts: 382
Default Re: Lawyers: legal opinion

Alright here is my final opinion, don't be too harsh, I'm new at this stuff



In this particular case, I feel there is a contract in place. The offer was made with the intent to contract, and it was communicated by the offeror to the offeree in the form of a television ad. There was full acceptance in the fact that it was a unilateral contract, made by performance, in that the offeree bowl a 300 game on the televised program. There is perfect consideration in the mutuality of the obligations in that the offeror give a Chevrolet Cavalier to the offeree if they do in fact bowl a 300 game on the televised program. The question is if Harris has any basis to sue, and what he could possibly sue for. What the question comes down to is whether the television commercials were offers which expired on the date of each program or whether Harris believed that offer was still outstanding on the day when he bowled a 300 game. I feel that the defendant has a strong case saying that they made no offer on December 20th, 2000, and that they hadn’t been running ads for a couple of weeks, meaning there was no offer in place, resulting in no contract. They could also argue that each previous ad, was an ad that was only good for that particular show/day only, and since Chevrolet Excitement had not made an offer that day, they had no liability, constituting in a mistake of judgment. Harris has arguments in that the offers were never revoked, meaning the offer was still effective, resulting in a breach of contract. However, since I feel that the television commercials were unilateral contracts, that would mean that Chevrolet Excitement would not have to revoke their offers that were made on previous television programs, specifically saying “that it was giving away a new Chevrolet Cavalier to anyone who bowled a perfect 300 game on the televised program that day.” Since they mention the words “that day” I feel the ad offers expired on the date that each ad was ran, therefore giving Harris no basis for saying there was a breach of contract. I would rule in favor of Chevrolet Excitement.
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