Lawyers: legal opinion

[burkoboy]

I had to write a legal opinion for a business law class. I know this is going to come off as a "I need help with my homework post" but, I've already written my opinion because I do need to learn this stuff for the class, as we only have 3 grades in the class and writing this has helped me to learn more about contracts. But I always think its good to get feedback from others, and if you want to help out or give an opinion that would be awesome!

Here is what my professor is grading on
Recognition of Legal Issues

Articulation of Legal Principles (State the rules of law governing the decision.)

Application of the Law
(Do you apply the pertinent law to the facts ?)

Reasoning to the conclusion-
(Do you reach your conclusion in the case by
following the law you cited?)

Grammar, spelling, etc.

Citation of Sources (Be specific.) (Page numbers or outline sections are sufficient.)

Just seeing if you guys pick up on anything I missed, or what you would point out/how you think the case would end up in court.

Chevrolet Excitement v. Harris

For a number of weeks prior to mid-November , 2000, Chevrolet Excitement advertised in a 30 second spot commercial on a weekend television program called “Bowling for Dollars”, that it was giving away a new Chevrolet Cavalier to anyone who bowled a perfect 300 game on the televised program that day. Harris unquestionably was aware of this advertising. In mid-December, Harris entered the week-long tournament which culminated with the finals carried, as usual on the “Bowling for Dollars” television show of December 20, 2000. Harris qualified for the finals, and he threw twelve strikes in a row for a 300 game. Although otherwise rewarded with cash prizes, free Pepsi and the like, Harris wanted a Cavalier. Chevrolet Excitement responded that it had not made advertised the giveaway for over a month. Harris sued.


Thanks for input

[XXXNoahXXX]

"to anyone who bowled a perfect 300 game on the televised program that day"

??

so wasn't the promo over anyways?

[FlyWf]

That's a real case, or very much like a real case. Cobaugh v. Klick-Lewis is the case about that issue in the Dawson contracts casebook but there was a note case(I don't have the book handy) that AFAIK was exactly those facts.

Edit: Halfassed remembering sucks, but because if I didn't look this up I'd have to be working on my ridiculous open memo about essential terms of settlements I decided to do legal research that doesn't help my grade. The case you want is Champagne Chrysler-Plymouth, Inc. v. Giles, 388 So. 2d 1343 (Fla.Dist.Ct.App.1980). Fact pattern is lifted almost word for word from the opinion.

"It depends on the exact nature of the advertisements" is the answer, but it'd have to be some incredibly vague wording to let your dude win.

[burkoboy]

I can't find Champagne Chrysler-Plymouth, Inc. v. Giles anywhere online. I was able to find Cobaugh v. Klick-Lewis though.

Do you happen to have a link for me?

[burkoboy]

it says "for a number of weeks prior to mid-november" So it makes sense to say that the promo was over, but I'm a little confused because I think you would need to state when the promo ends in your ad, otherwise I think you could argue that it was an ongoing promo. I can counter this though by saying that the ad specifically said "that day" so I agree with Noah saying that there was no definite 'offer' given THAT day so there was no contractual obligations.

Any one else want to comment?

[FlyWf]

Only place I can find it(besides the mention it gets in the Cobaugh opinion, which BTW is kind of a misleading synopsis) is on Westlaw and Lexis, so that won't do you any good.

[JackInDaCrak]

If this isn't due first thing tomorrow morning go to a law library and photocopy the case. Show "388 So. 2d 1343" to a reference librarian, he or she will help you find it.

[En Passant]

Post your opinion so I can evaluate it.