Burger Baby restaurants engaged Air Advertising to fly an advertisement above the Connecticut beaches. The advertisement offered $1,000 to any person who could swim from the Connecticut beaches to Long Island across Long Island Sound in less than a day. On Saturday, October 10 at 10:00 AM, Air Advertising’s pilot flew a sign above the Connecticut beaches that read: “Swim across the Sound and Burger Baby pays $1,000.” On seeing the sign, Davison dived in and four hours later, when he was about halfway across the Sound, Air Advertising flew another sign over the Sound that read: “Burger Baby Revokes.” Davison completed the swim in another six hours. Is there a contract between Davison and Burger Baby? Can Davison recover anything?Business Contract Question?
A contract consists of four elements:
1. intent, where two or more parties agree on a course of action,
2. an offer, which was loosely made,
3. an acceptance, which was loosely made, and
4. valuable consideration, or payment of some kind
Clearly no one would likely rule that there was any kind of contract involved since anyone seeing such a banner would have prudently sought more information prior to jumping into the sea. Also, Burger Baby did not know of any acknowledgment or acceptance of their offer.
It is the US, though, and therefore who knows what kind of insanity some liberal nitwit of a judge might accept. You could go to a lawyer, but even if they took the case, which I doubt they would, their fees would surely surpass the $1,000 prize money.
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