American Contract Law for a Global Age, 2017a

Problems
Problem 5.1
Aunt Mary is a 90-year-old woman who lives in New Hampshire. Although she
is still active, most of her friends are dead and she has very little family left. She is
often lonely. She is visited by her great-nephew Earle, a college freshman who lives
in Los Angeles. She likes Earle a great deal and they get along very well. During the
course of his stay, just before he is to return home, she says, “Earle, I don’t have many
people left, and there won’t be hardly anyone at my funeral. I’d like it if you’d be
there. You’re my only family.”
“Oh, you’re not going to die for a long time, Aunt Mary,” says Earle.
“Not for a while, child,” she says, “but the Lord takes all of us. I want you to be
there.”
“Aunt Mary, I refuse to talk about such morbid stuff. You’re going to outlive
me.”
She laughs and shakes her head. “Here’s what I want to tell you. If you come
to my funeral, I’ll pay for your ticket to get here, and all your expenses, and I’ll give
you $1,000.”
“Now Aunt—”
“Don’t interrupt me. You don’t have to answer now. Just be there. If you come,
wherever I am, I’ll know it. “
Three years later, Earle is notified of Aunt Mary’s death. Although it is the
middle of the semester and very inconvenient, he remembers how much it meant to
her, flies to New Hampshire for the funeral. The cost of the ticket and the hotel are
substantial, and strain his credit to the maximum. After the funeral, he asks the
executor of her will for the payment, claiming there is a contract. The executor
refuses. There is no mention of this in Aunt Mary’s will, which leaves all of her meager
wealth to a local animal shelter.
If Earle sues Aunt Mary’s estate, what result? Why?
Problem 5.2
Antique Dealer has a mint condition, in-the-box, never opened Stinky Pete the
Prospector doll from the popular 1950s television show, Woody’s Roundup. Collector,
who is a big fan of the show, contacts Dealer to inquire about buying the doll. The two
negotiate by telephone, but do not come to an agreement. The next day—Tuesday—
Dealer sends the following signed message to Collector: “I offer to sell you the Stinky
Pete doll for $3,750 cash. I will leave this offer open until Friday.” Collector gets the
message. On Wednesday, Collector calls Dealer to accept, but before he can do more
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UNIT 5: PROBLEMS WITH OFFERS 93