PA Kettle vs. Brigitte Godot: Case Summary and Analysis
1001 Words4 Pages
Was Brigitte Godot's offering of a trip to Paris merely sales talk or was it a legitimate offer? What controls: the written contract or oral agreement? Does Brigitte's offer of a bus ticket to Paris,Texas and P.A.Kettle's potential acceptance serve as a ratification of the Paris agreement, that is, can Brigitte's offer of the bus ticket serve as evidence that the Paris trip was part of the original contract and would P.A.Kettle's acceptance of the ticket serve as evidence of compromise ? What type of authority did Brigette have and what could P.A.Ketttle rely upon? How does the course of dealing between International Widgets and P.A.Kettle affect the case? Was there fraud in the inducement of the contract?
The plaintiff, P.A.Kettle, can be expected to argue that the offer of a free trip to Paris, France was an inducement for its agreeing to the contract. The fact that the contract was apparently executed within the twenty-four hour period dictated by Brigitte's comments lends credibility to the Paris deal being part of the contract. The plaintiff will have to prove that it had the right to rely upon the representations made by Brigitte as being those of the defendant, International Widgets. The plaintiff must argue that Brigette possessed the authority to contract on behalf of the corporation and that the failure of the corporation to comply with the negotiated terms, specifically, the free trip to Paris, was a breach of the contract.