2.The Secretary of the Treasury was authorized by Congress to mint and sell a stated number of commemorative coins to raise funds to restore and renovate the Statue of Liberty. The U.S. Mint mailed advertising materials to persons, including Mary and Anthony Mesaros, that described the various types of coins that were to be issued. Payment could be made by check, credit card, or money order. Directly above the space provided on the order form for the customer’s signature was the following: “YES. Please accept my order for the U.S. Liberty Coins I have indicated. “ Mesaros forwarded to the Mint a credit card order for $1,675 for certain coins. Cash orders were processed before credit card orders. The 500,000 authorized coins were distributed before the Mesaros’ credit card order was able to be processed. The Mint notified the Mesaros that their order would not be filled. The coins increased in value 200% within the first few months after distribution. The Mesaros sued the U.S. government for breach of contract. Was there a contract between the Mesaros and the U.S. government? Explain. 3. Rudy Turilli operated the Jesse James Museum in Stanton, Missouri. He contends that the man who was shot, killed, and buried as the notorious desperado Jesse James in 1882 was an imposter and that Jesse James lived for many years thereafter under the alias J. Frank Dalton and last lived with Turilli at his museum until the 1950s. Turilli appeared before a nationwide television audience and stated that he would pay $10,000 to anyone who would prove that his statements were wrong. After hearing this offer, Stella James, a relative of Jesse James, produced affidavits of persons related to and acquainted with the Jesse James family, constituting evidence that Jesse James was killed on April 3, 1882. When Turilli refused to pay the reward, James sued for breach of contract. Who wins and why? (Hint: Would a reasonable person have believed that Turilli was serious about the reward? Was Turilli’s offer valid?) 4. Glende Motor Company, an automotive dealership that sold new cars, leased premises from a landlord. One day a fire destroyed part of the leased premises and Glende restored the leased premises. The landlord received insurance proceeds for the fire. Glende sued the landlord to recover the insurance proceeds. Ten days before the trial was to begin, the landlord presented Glende with a document titled: “Offer to Compromise before Trial”, which offered to settle the lawsuit for $192,000. Glende agreed to the amount but added a term that the parties must also execute a new lease. The landlord refused to execute a new lease and withdrew the offer. Has the lawsuit been settled for $192,000? 5. Peter Andrus owned an apartment building that he had insured under a policy issued by J.C. Durick Insurance. Two months prior to the expiriation of the term of the policy, Durick notified Andrus that the building should be insured for $48,000 (or 80% of the building’s value). Andrus replied that (1) he wanted insurance to match the outstanding mortgage balance, $24,000 and (2) if Durick would not sell the policy in that amount, he would go elsewhere. Durick sent a new policy for $48,000 with the notation that the policy would be considered automatically accepted unless Andrus notified him to the contrary. Andrus did not reply, but did not pay the premiums. Is there an insurance contract between Andrus and Durick? 6. William Jenkins and Natalie Monk owned a building in Sacramento, CA. In 1979, they leased the building to Tuneup Masters for 5 years. The lease provided that Tuneup Masters could extend the lease for an additional 5 years if it gave written notice of its intent to renew the lease by registered or certified mail at least 6 months prior to the expiration of the lease. The notice had to be given by August, 1, 1983. On July 29, 1983, the president of Tuneup Masters prepared a letter exercising the option to extend the lease. He prepared and sealed an envelope. He took the letter to the Post Office where it was certified and deposited in the mail slot. Unfortunately, the letter was never received by Jenkins and Monk. Jenkins and Monk refused to extend the lease arguing that the offer to extend the lease was not accepted. Who wins and why?
2.The Secretary of the Treasury was authorized by Congress to mint and sell a stated number of commemorative coins to raise funds to restore and renovate the Statue of Liberty. The U.S. Mint mailed advertising materials to persons, including Mary and Anthony Mesaros, that described the various types of coins that were to be issued. Payment could be made by check, credit card, or money order. Directly above the space provided on the order form for the customer’s signature was the following: “YES. Please accept my order for the U.S. Liberty Coins I have indicated. “ Mesaros forwarded to the Mint a credit card order for $1,675 for certain coins. Cash orders were processed before credit card orders. The 500,000 authorized coins were distributed before the Mesaros’ credit card order was able to be processed. The Mint notified the Mesaros that their order would not be filled. The coins increased in value 200% within the first few months after distribution. The Mesaros sued the U.S. government for breach of contract. Was there a contract between the Mesaros and the U.S. government?
Explain.
3. Rudy Turilli operated the Jesse James Museum in Stanton, Missouri. He contends that the man who was shot, killed, and buried as the notorious desperado Jesse James in 1882 was an imposter and that Jesse James lived for many years thereafter under the alias J. Frank Dalton and last lived with Turilli at his museum until the 1950s. Turilli appeared before a nationwide television audience and stated that he would pay $10,000 to anyone who would prove that his statements were wrong. After hearing this offer, Stella James, a relative of Jesse James, produced affidavits of persons related to and acquainted with the Jesse James family, constituting evidence that Jesse James was killed on April 3, 1882. When Turilli refused to pay the reward, James sued for breach of contract. Who wins and why? (Hint: Would a reasonable person have believed that Turilli was serious about the reward? Was Turilli’s offer valid?)
4. Glende Motor Company, an automotive dealership that sold new cars, leased premises from a landlord. One day a fire destroyed part of the leased premises and Glende restored the leased premises. The landlord received insurance proceeds for the fire. Glende sued the landlord to recover the insurance proceeds. Ten days before the trial was to begin, the landlord presented Glende with a document titled: “Offer to Compromise before Trial”, which offered to settle the lawsuit for $192,000. Glende agreed to the amount but added a term that the parties must also execute a new lease. The landlord refused to execute a new lease and withdrew the offer. Has the lawsuit been settled for $192,000?
5. Peter Andrus owned an apartment building that he had insured under a policy issued by J.C. Durick Insurance. Two months prior to the expiriation of the term of the policy, Durick notified Andrus that the building should be insured for $48,000 (or 80% of the building’s value). Andrus replied that (1) he wanted insurance to match the outstanding mortgage balance, $24,000 and (2) if Durick would not sell the policy in that amount, he would go elsewhere. Durick sent a new policy for $48,000 with the notation that the policy would be considered automatically accepted unless Andrus notified him to the contrary. Andrus did not reply, but did not pay the premiums. Is there an insurance contract between Andrus and Durick?
6. William Jenkins and Natalie Monk owned a building in Sacramento, CA. In 1979, they leased the building to Tuneup Masters for 5 years. The lease provided that Tuneup Masters could extend the lease for an additional 5 years if it gave written notice of its intent to renew the lease by registered or certified mail at least 6 months prior to the expiration of the lease. The notice had to be given by August, 1, 1983. On July 29, 1983, the president of Tuneup Masters prepared a letter exercising the option to extend the lease. He prepared and sealed an envelope. He took the letter to the Post Office where it was certified and deposited in the mail slot. Unfortunately, the letter was never received by Jenkins and Monk. Jenkins and Monk refused to extend the lease arguing that the offer to extend the lease was not accepted. Who wins and why?
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