Zsa Zsa Hilton, a wealthy socialite living in Beverly Hills, was frantic. Her be

Question

Zsa Zsa Hilton, a wealthy socialite living in Beverly Hills, was frantic. Her best friend in the world was her pet poodle Caboodles, and Caboodles had been missing for three (3) days. Having searched her estate exhaustively, Zsa Zsa decided that her next best option was to post a reward for her beloved Caboodles. Zsa Zsa carefully prepared a poster advertising a reward for the return of her pet. The heading of the poster exclaimed “Please find Caboodles—Reward--$25,000!!!” Below the heading was a color “glamour shot” of the animal and Zsa Zsa’s contact information, including her address and cell phone number. After soliciting the assistance of her butler, her maid, and her best friend Eva Ritchie, Zsa Zsa displayed and distributed one thousand of the posters throughout the greater Beverly Hills metropolitan area. Later in the week, Dane “Bulldog” Sheppard showed up at Zsa Zsa’s front door. When she answered the door chime, Dane said “I am pleased to meet you, Ms. Hilton. I saw your ad for the return of your lost poodle, and I am your man. I will find him, Ms. Hilton, and let me say in advance that I really appreciate the $25,000 bounty, um, reward money!”

1. What is the offer?

2. What is the acceptance?

3. What is the consideration?

4. Is this a valid contract?

5. Do both parties have contractual capacity?

6. Are there any contractual defenses?

7. If there are contractual defenses, what are the rebuttals to those defenses?

Explanation / Answer

1: What is the Offer - The offer in this scenario is the call for help (via posters) to find the pet for which a reward is mentioned, a reward for the return of the pet "poodle Caboodles". Whoever will find the pet will be rewarded $25,000. As it was mentioned on the poster "Please find Caboodles—Reward--$25,000!!!” . Here the offer is to seek the services to find the pet.

2. What is the acceptance? Here in this scenario the acceptance is the acceptance by Dane "Bulldog" to render his services to find the pet. Quoting the statement from given scenario "I will find him, Ms. Hilton, and let me say in advance that I really appreciate the $25,000 bounty, um, reward money!” . Here the acceptance from the Dane to find the pet against which he will get $25,000.

3. What is the consideration? The consideration in this scenario would the promise made by Zsa Zsa Hilton to pay $25000 if her pet is found and returned to her, and the acceptance by Dane Bulldog to find the pet and return it to Zsa Zsa. Consideration will be the benefit both parties receive by making the contract. In this case the benefit to Zsa Zsa will be getting her lost pet back and for Dane bulldog it will be the precipt of $25,000 if he finds the pet and return to Zsa Zsa.

4. Is this a valid contract? In this sceario, there is an offer made "Seeking services to find the lost pet" against whcih a reward of $25,000 will be given to person whoever finds the lost pet. Bulldog accepts the offer and agrees to provide his services to find the lost pet. The consideration here in this scenario is Zsa will get her lost pet back and Dane will receive the reward. Hence it qualifies for the contract.

5. Do both parties have contractual capacity? As mentioned in the scenario, Zsa Zsa is the owner of the pet and is capable of paying the reward of $ 25,000 which makes her eligible to enter the contract. At the same time Dane agrees to the offer and is ready to provide his services to find the pet. It can be assumed that they both have contractual capacity. Though cetain elements like age of Dane is not expliclity mentioned but if both the parties are adult and both are legally eligible to make and accept the offer, then yes both have contractual capacity.

6 & 7 . Are there any contractual defenses?, If there are contractual defenses, what are the rebuttals to those defenses?

As the reward is to find the pet and no specific conditions are mentioned in which the pet should be for instacne there should not be any harm made to the pet, and should be returned in healty condition is not mentioned hence if Dane finds the pet in any condition Zsa would have to take it and pay $25,000 to Dane as it was a unilateral mistake in the offer. So there are possibilities that contract can be challenged and cannot be enforced.

The age of Dane is not expliclity mentioned hence there is a doubt on the capacity of Dane to complete the task hence it can be argued if he is the right person to enter this contract.

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