The Patricia Appliance Store advertised a 32-inch color television set for $43.50. Mary William ordered that TV but the company refused delivery on the grounds that the price in the advertisement was a mistake, in that, the price was supposed to be $232.50. “A deal is a deal,” yelled Mary at the customer service representative. “You advertised it for $43.50, you’ve got to sell it for that price. I’m making an acceptance of your offer.” Mary sued Patricia Appliance Store for breach of contract. Will Mary likely win her lawsuit? Yes_____ No_____ Reason [Please state the rule(s) of law and your analysis]
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Question: James was elderly, disabled, and afflicted with very bad arthritis. One day, his 20 year-old neighbor pulled James’s chair out from under James. The girl said she didn’t mean to hurt him. James was not amused and sued the girl for damages. Will James likely be successful? Yes_____ No_____ Reason [Please state the rule(s) of law and your analysis]
Answer: James would likely win for the tort of battery which is the intentional harmful or offensive touching of another (the “rule of law”). Analysis: Jokes and pranks are capable of resulting in battery. The chair was pulled out intentionally, which caused offensive contact between James’s body and the floor, in that, the chair was arguably within James’s zone of personal bodily integrity and, thus, an extension of his body. The fact that James was not physically injured is irrelevant. All that matters is that the girl intended the act or knew with substantial certainty of the consequences of her act which was for James to hit the ground upon the pulling out of the chair. She did not need to intend injury.
The Patricia Appliance Store advertised a 32-inch color television set for $43.50. Mary William ordered that TV but the company refused delivery on the grounds that the price in the advertisement was a mistake, in that, the price was supposed to be $232.50. “A deal is a deal,” yelled Mary at the customer service representative. “You advertised it for $43.50, you’ve got to sell it for that price. I’m making an acceptance of your offer.” Mary sued Patricia Appliance Store for breach of contract.
Will Mary likely win her lawsuit? Yes_____ No_____ Reason [Please state the rule(s) of law and your analysis]
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