The Case of The Offer Too Good to Be True
Order ID 53563633773 Type Essay Writer Level Masters Style APA Sources/References 4 Perfect Number of Pages to Order 5-10 Pages Description/Paper Instructions
The Case of The Offer Too Good to Be True
You’re On the Jury: The Case of the Offer too Good to Be True
David Smith, by mistake, opened up a letter with his neighbor’s address on the front but left in his mailbox. The letter, from a major automobile manufacturer, read as follow: “Dear Mr. Jones or Occupant: We offer to sell you one of our deluxe luxury automobiles for $100.00*. Use the enclosed card to indicate your acceptance and return it to us together with your check in the amount of $100.00”. The asterisk was printed on the reverse of the letter next to the following language: “*provided you are the winner in a drawing to be held in one month. Your check will only be cashed on winning.”
Omar never saw the language on the reverse side. He returned the acceptance card together with his check and never received the deluxe luxury car. His check was never returned to him but neither was it cashed. He sued the car manufacturer for breach of contact.
The Trial
During the trial, the manufacturer’s representative explained that this type of advertising had been used for many years by many different types of companies and that everyone knew that this type of offer was limited and usually dependent on a person being selected in a drawing. He explained that the offer had been sent out to a limited number of people, chosen because of their prior ownership of the manufacturer’s vehicles. He introduced in evidence a copy of the letter, showing that all the details of the offer had been printed in large-size type. David explained that even though the letter was not meant for him, there was no name at the top of the letter, and he assumed the offer was meant for the general public. He stated further that he never looked at the reverse of the letter because the offer on the front was clear.
The Arguments at Trial
The manufacturer’s attorneys argued that an offer was never made to David, only to his neighbor, and thus David could not have accepted the offer. Also, the offer was not made to the general public but to a limited group, and thus the offer could only be accepted by a member of that group. They argued further that the offer and qualifying statement were in clear language and printed in large-size type so that a potential buyer would understand the nature of the offer. David’s attorney argued that because a name did not appear at the top of the offer, the offer should be considered as having been made to the general public, and therefore David had a right to accept the offer. She further argued that the qualifying statement should have been printed on the front of the letter and not on the reverse side where it might not be read. She claimed that a valid offer had been made and that the offer had been accepted properly by David.
Questions to Discuss
If you were the judge or jury deciding this case, for whom would you decide? Why?
Would your answers to any of these questions be different if the neighbor’s name and address had been printed at the top of the letter or if the qualifying statement had been printed at the bottom of the first page of the letter? Why?
What remedies should be awarded to the prevailing party? Why?
The Case of The Offer Too Good to Be True
RUBRIC
QUALITY OF RESPONSE NO RESPONSE POOR / UNSATISFACTORY SATISFACTORY GOOD EXCELLENT Content (worth a maximum of 50% of the total points) Zero points: Student failed to submit the final paper. 20 points out of 50: The essay illustrates poor understanding of the relevant material by failing to address or incorrectly addressing the relevant content; failing to identify or inaccurately explaining/defining key concepts/ideas; ignoring or incorrectly explaining key points/claims and the reasoning behind them; and/or incorrectly or inappropriately using terminology; and elements of the response are lacking. 30 points out of 50: The essay illustrates a rudimentary understanding of the relevant material by mentioning but not full explaining the relevant content; identifying some of the key concepts/ideas though failing to fully or accurately explain many of them; using terminology, though sometimes inaccurately or inappropriately; and/or incorporating some key claims/points but failing to explain the reasoning behind them or doing so inaccurately. Elements of the required response may also be lacking. 40 points out of 50: The essay illustrates solid understanding of the relevant material by correctly addressing most of the relevant content; identifying and explaining most of the key concepts/ideas; using correct terminology; explaining the reasoning behind most of the key points/claims; and/or where necessary or useful, substantiating some points with accurate examples. The answer is complete. 50 points: The essay illustrates exemplary understanding of the relevant material by thoroughly and correctly addressing the relevant content; identifying and explaining all of the key concepts/ideas; using correct terminology explaining the reasoning behind key points/claims and substantiating, as necessary/useful, points with several accurate and illuminating examples. No aspects of the required answer are missing. Use of Sources (worth a maximum of 20% of the total points). Zero points: Student failed to include citations and/or references. Or the student failed to submit a final paper. 5 out 20 points: Sources are seldom cited to support statements and/or format of citations are not recognizable as APA 6th Edition format. There are major errors in the formation of the references and citations. And/or there is a major reliance on highly questionable. The Student fails to provide an adequate synthesis of research collected for the paper. 10 out 20 points: References to scholarly sources are occasionally given; many statements seem unsubstantiated. Frequent errors in APA 6th Edition format, leaving the reader confused about the source of the information. There are significant errors of the formation in the references and citations. And/or there is a significant use of highly questionable sources. 15 out 20 points: Credible Scholarly sources are used effectively support claims and are, for the most part, clear and fairly represented. APA 6th Edition is used with only a few minor errors. There are minor errors in reference and/or citations. And/or there is some use of questionable sources. 20 points: Credible scholarly sources are used to give compelling evidence to support claims and are clearly and fairly represented. APA 6th Edition format is used accurately and consistently. The student uses above the maximum required references in the development of the assignment. Grammar (worth maximum of 20% of total points) Zero points: Student failed to submit the final paper. 5 points out of 20: The paper does not communicate ideas/points clearly due to inappropriate use of terminology and vague language; thoughts and sentences are disjointed or incomprehensible; organization lacking; and/or numerous grammatical, spelling/punctuation errors 10 points out 20: The paper is often unclear and difficult to follow due to some inappropriate terminology and/or vague language; ideas may be fragmented, wandering and/or repetitive; poor organization; and/or some grammatical, spelling, punctuation errors 15 points out of 20: The paper is mostly clear as a result of appropriate use of terminology and minimal vagueness; no tangents and no repetition; fairly good organization; almost perfect grammar, spelling, punctuation, and word usage. 20 points: The paper is clear, concise, and a pleasure to read as a result of appropriate and precise use of terminology; total coherence of thoughts and presentation and logical organization; and the essay is error free. Structure of the Paper (worth 10% of total points) Zero points: Student failed to submit the final paper. 3 points out of 10: Student needs to develop better formatting skills. The paper omits significant structural elements required for and APA 6th edition paper. Formatting of the paper has major flaws. The paper does not conform to APA 6th edition requirements whatsoever. 5 points out of 10: Appearance of final paper demonstrates the student’s limited ability to format the paper. There are significant errors in formatting and/or the total omission of major components of an APA 6th edition paper. They can include the omission of the cover page, abstract, and page numbers. Additionally the page has major formatting issues with spacing or paragraph formation. Font size might not conform to size requirements. The student also significantly writes too large or too short of and paper 7 points out of 10: Research paper presents an above-average use of formatting skills. The paper has slight errors within the paper. This can include small errors or omissions with the cover page, abstract, page number, and headers. There could be also slight formatting issues with the document spacing or the font Additionally the paper might slightly exceed or undershoot the specific number of required written pages for the assignment. 10 points: Student provides a high-caliber, formatted paper. This includes an APA 6th edition cover page, abstract, page number, headers and is double spaced in 12’ Times Roman Font. Additionally, the paper conforms to the specific number of required written pages and neither goes over or under the specified length of the paper. GET THIS PROJECT NOW BY CLICKING ON THIS LINK TO PLACE THE ORDER
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