Discuss arguments both in favor of, and in opposition to, the assertion that a contract was made between you and John Doe. Cite specific facts to support your arguments. Which argument do you think has a greater chance of success in court? Even if a contract was created (and breached), is it likely to be pursued in court?
John Doe runs a website called “snowballwilldie.com,” which, on September 15, 2019, read as follows:
PAY ME OR SNOWBALL BECOMES STEW
I love Bunnies, don’t you? In my case, I love them grilled, braised, or fried with a side of fries…but more than anything, I love them in stew. Therefore, on November 1, 2019, I will make a YUMMY rabbit fricassee using Snowball, the cute bunny pictured above.
What? You don’t want Snowball to end up as an entrée? OK, here’s my offer: Donate to me today at [mailing address provided]. If I get $25,000 in donations before October 30, 2019, Snowball will live a long, happy life munching on parsley. Otherwise, Snowball will be garnished with parsley.
You visit my website and are upset by it. On October 1, 2019, you sent me a $250 check and a letter saying “I’m sending this check so that you will honor your promise to not kill Snowball.” John Doe receives your letter and cashes your check on Ocotber 6, 2019.
On October 28, 2019, Dr. Peterson replaces the text at snowballwilldie.com with the following:
In response to my last announcement, I’ve only received $5,000 in donations so far, and it doesn’t look like I’ll get the $25,000 by October 30. Therefore, I’ve decided to give Snowball a reprieve for now…but only you can decide how long she lives. I’ve published a rabbit-meat cookbook, titled “The Joys of Cookin’ Cute Animals.” BUY THIS COOKBOOK! If I sell 3,000 copies of my cookbook by December 31, 2019, Snowball will enjoy her golden years. Otherwise, Snowball is DEAD MEAT!
A subsequent newspaper exposé reveals John Doe never intended to kill or eat Snowball. Instead, both messages were his attempt at an amusing publicity stunt to generate attention for his cookbook. However, he plans to keep the money he received.
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