May 12, 2022 Uncategorized

Basic Doctrine of Unilateral Mistake Responses

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Q1/ Mr. lrmin owns a Baseball card store. “It happened on my second or third day in (baseball card) business11 said lrmen. I had about 20 people in the store and I needed help. I got the girl next door (from a jewelry store) to help me.11 One customer, a 12-year old boy named Brian wanted to look at a Nolan Ryan card. The price of the card said $1200. Brian looked at it and said to the girl, “Is this worth $12?” She said yes and Brian bought it for $12. lrmin said: “The clerk didn’t know if it was 12 cents, $12 or $1,200. She just took the kid’s word for it.” The 1968 Nolan Ryan 11rookie card” was actually worth $800-$1200. Rookie cards are usually a player’s most expensive card. lrmen said: “I didn’t discover Brian’s bargain until several days later when a couple of kids came in and said ‘Got any more of the $12 Ryan rookie cards?’ I said, ‘What are you talking about? The one I have is $1,200.” I looked in the case where I put the card and it was gone.11 lrmen posted a sign in his store offering a $100 reward for the person who stole the card. 11 The 12 year-old, Brian later said: ” I didn’t steal the card or do anything wrong, .. .I just went in there to see what they had. It was a card I was looking for. I knew the card was worth more than $12. I saw prices for it of $150 and up. I just offered $12 for it and the lady sold it to me. People go into card shops and try to bargain all the time.” Brian’s father contacted lrmen, telling him Brian didn’t steal but bought the card. His dad explained: “Brian has a receipt, Brian’s name is on it, the specific card and the price, $12.” lrmen’s attorney, believes otherwise: “It’s strictly a contract law, If a bank sends you a check for $2,000 when it should have been $20, you can’t say ifs their mistake and keep it. The card is a $1,200 card. It was marked that way. We think the boy knew it was worth $1,200. Sympathies are probably with the kid, but we look at it as a matter of the law.” Required: Who gets the valuable baseball card? Use legal contract rules to support your argument. Remember that Brian is a minor, and the clerk made a mistake.

Q2/Manuel, a Latino, was born in Portland and is a U.S. citizen. His parents and many of his relatives were born in Mexico. Manuel’s family always spoke Spanish at home. Manuel is bilingual, but speaks English with a slight accent. Manuel worked half time nt St John’s Hotel while he was attending college. He sttuted working as a “rnserve” worker for large banquets, but because he was a hard worker he was quickly promoted to be a waiter in the hotel’s upscale restaurant. After about a yenr Manuel wns promoted to be the restaurant’s assistant mnnngcr. Manuel often finds using Spanish handy on the job because mnny of the hotel’s workers are primarily Spanish-speaking. Manual often speaks Spanish with Juan, who supervises the wait staff. Juan was born on Mexico nnd is legally in the US on a work visu. This week the hotel chain brought in a new restaurant manager named George who formerly worked in Chicago. George noticed that Manuel, Juan and other workers frequently spoke Spanish among themselves. This mnde George feel uncomfortable. George wns much stricter lhnn the previous mnnager and was little-liked by the staff. On Monday morning George announced a new “English Only” policy. Workers were only to spenk and write English while on the job. This included breaks. George explained that the res1nurnnt had few or no Spnnish-speaking guests and the purpose of the new policy was to make the guests comfortable. 11We’re in n competitive industry. We need to do everything we cnn to make theil’ meals with us feel like they are at home. If anyone needs some time to learn English come see me.” Requh’cd: Manuel and Juan feel that the new English-Only policy discriminates against them because they nre Latino. Use the excerpt from the Civil Right Act (below) to answer the following questions. l. What arguments would Manuel’s lawyer use to argue that the new policy is illegal under the statute, and what would the hotel’s lawyer argue in opposition? 2. What m·guments would Juan’s lawyer use to argue the new policy is illegal, and what would the hotel argue? Title VII of the Civil Rights Act of 1964 makes it illegal to discriminate in the workplace based upon race, color, religion, sex, or nationul origin. The stntute provides us follows: “It shnll be unlawful employment practice for an employer .. .to discdminate against any individual with respect to his compensation, terms, conditions, 01· privileges of employment, because of such individual’s race, color, religion, sex, or national origin; or to limit, segregate, or classify his employees or applicants for employment in any way which would deprive or tend to deprive nny individual of employment opportunities or otherwise adversely affect his status as nn employee, because of such individual’s mce, color, religion, sex or national origin.”

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