Assignment: Application of Contract Law

• Write a 3- to 5-page paper explaining the contract issues and how a court would inquire into the situation. Use the articles you found and used for the previous assignment and the Contract Law Tutorial to support your answers.

Question 1-

On July 16, Philadelphia Phillies first baseman Ryan Howard hit his 200th career home run, which landed in the hands of 12- year-old Jennifer Jones. Afterward, Phillies officials escorted Jennifer alone to the clubhouse and persuaded her to accept an autographed ball from Howard in exchange for the home-run ball, which Jennifer accepted.

When Jennifer returned to her seat and told her father what had happened, he was furious. Her father was a collector of baseball memorabilia and knew that 200th career home run baseballs hit by players of the stature of Howard never sold for less than $1,000 on E-Bay.

Jennifer's father went and found the Phillies official who had persuaded Jennifer to exchange the baseballs. He told him he thought it was despicable that the Phillies would enter into such a deal with a 12-year old girl and that if they didn't give the baseball that Jennifer had actually caught back to Jennifer, he would go to the local newspapers and tell them how the Phillies had cheated his 12-year old daughter out of a valuable piece of memorabilia.

The Phillies official, out of fear of bad publicity, then suggested that instead of returning the baseball they give Jennifer's dad two season tickets for next year to Phillies games. Dad knew that two season tickets were worth several thousands of dollars. He then said, "Forget the baseball, I'll take the tickets." The Phillies official then whipped out a voucher for two season tickets, handed them to Dad and said, "Here you go."

Jennifer cried the whole way home from the ballpark. She was inconsolable. She wanted to get the ball she actually caught back. Dad realized that the season tickets weren't worth as much as the experience of catching your first baseball at a major league game; priceless.

Does Jennifer have a contractual right to get the original baseball back from the Phillies?

Can the Phillies enforce the contract with Dad to exchange the original baseball for two season tickets?

Discuss fully.

Question 2-

On July 4, 1990, Moe mailed to Larry a written offer to sell ten shares of an unlisted stock at $60.00 per share. Larry was given four days from the date of the letter to accept. The offer was received on July 6 at 2 p.m. At 3 p.m. on July 6, Larry mailed a letter to Moe which stated in part: "will purchase ten shares at $55.00 per share. . . . " At 11 a.m. on July 6, however, Moe had sold the ten shares to Curly for $65.00 and at 1 p.m. of the same day had mailed a letter to Larry revoking the offer. Larry who was blissfully unaware of Moe's activity, learned at 4 p.m. on July 6 that the market price of the shares might increase and, at 5 p.m. on the same day, telegraphed Moe to "disregard letter . . . will take offered stock for $60.00 per share." Larry's telegram of July 6 was received by Moe at 9 a.m. on July 7. Larry's letter of July 6 was received by Moe at 2 p.m. on July 8. Moe's letter of July 6 was received by Larry at 2
p.m. on July 8.

Larry claims that he has a contract with Moe for the purchase of the stock. Is this contention correct? discuss fully and in your answer deal with the following:

(a) The legal right of Moe to revoke his offer before it is accepted.

(b) The legal effect, if any, of Larry's letter of July 6.

(c) The legal effect, if any, of Moe's sale of the stock to Curly.

(d) The legal effect, if any, of Moe's letter of July 6.

(e) The legal effect, if any of Larry's telegram of July 6.