Contest Winner Gets Toy Yoda Instead of Toyota

Here's one from the archives.  Back in 2002 a Hooters franchise in Panama City Beach, Florida ran a beer selling promotion contest for their employees.  The prize? From USA Today:

Jodee Berry, 27, won a beer sales contest last May at the Panama City Beach Hooters. She believed she had won a new Toyota and happily was escorted to the restaurant's parking lot in a blindfold.

But when the blindfold was removed, she found she had won a new toy Yoda — the little green character from the Star Wars movies.

Those cutups at Hooters are always good for a few laughs!  Hooter's defense?  It was an April fool's joke!  Of course, a contract offer must be evaluated from the standpoint of a reasonable person based on manifestations of intent, not from the subjective, unexpressed intent of the offeror.

What was the settlement worth?

David Noll, her attorney, said Wednesday that he could not disclose the settlement's details, although he said Berry can now go to a local car dealership and "pick out whatever type of Toyota she wants."

Good for her.

Marriage Defenders' Irony Song

From Roy Zimmerman and in light of yesterday's post . . .

Question of Law or Fact?

Here is an interesting juxtaposition of articles.  In a trial in Michigan challenging the constitutionality of Michigan's state constitutional amendment barring same sex marriage, expert testimony has been elicited that same sex couples can be competent parents:

David Brodzinsky, an expert in adoption and foster care and a former Rutgers University professor, said there are no "discernible differences" in children who are raised by same-sex couples and youth raised by heterosexuals.

"It's not the gender of the parents that's the key. It's the quality of the parenting," said Brodzinsky, based in Oakland,Calif.

At about the same time, in a brief filed in the 10th Circuit Court of Appeals in a case where a US District Court judge struck down Oklahoma's same sex marriage ban, a legal argument was advanced claiming that same sex marriage is bad for children. 

"Marriage encourages mothers and fathers to remain together and care for the children born of their union," the group's 93-page filing said. Severing the link, it said, "would powerfully convey that marriage exists to advance adult desires rather than serving children's needs."

Citing a court opinion from 1888 — 19 years beforeOklahoma's statehood — Alliance said marriage "is the foundation of thefamily and of society, without which there would be neither civilization norprogress," and cited a 1978 ruling that said traditional marriage was"fundamental to the very existence and survival of the (human) race."

So, is the effect of same sex marriage on children a question of fact or of law? 

Michigan case:

Oklahoma case:

Topless Deep Sea Fishing Trip Contract?

There's a post title that will draw attention!  Does the pictured written memorandum memorialize a contractual obligation?

What are the issues?

1. Consideration: Was a ride on the topless deep sea fishing trip provided in exchange for the I.O.U. promise?  Or is this a promise to provide a gift to a friend in the future?

2. Condition and Performance: "When I graduate" and "when I have money" appear to be conditions precedent to performance.  What if he never graduates, yet acquires money?  What if he graduates but never has money? How much money is enough to be considered "having money"?

3. Sufficiently Certain and Definite: How much money is to be paid for the described event? Why not simply state the amount to be paid?  Or is the amount to be determined in reference to price of the trip on the future day of payment?  Who goes topless?

4. Legality: Did this trip originate in a place where topless-ness is legal? Or was the topless part of the activity to take place outside of the territorial waters of the US?

5. Capacity:  Was there any intoxication issue? Does it appear to be sufficient to affect contractual capacity?

Maybe it should be an exam question.

Source of image: Total Frat Move

Chinese Company Understands Profit, But Not Product Liability

The 5th Circuit Court of Appeals has upheld a District Court ruling that there is personal jurisdiction in US courts over a Chinese drywall manufacturer.  If you are not familiar with the legal, environmental and health issues related to Chinese drywall use in US buildings, click here for a summary, or watch the ABC video report below

Apparently the company never responded to this lawsuit and was subjected to a default judgment.  They claim that they did not understand the implications of the lawsuit.  As the judge noted, that's what American law firms are for.

Chinese Drywall Report from ABC:

Fired For Observing Patriotic Flag Protocol

Federal Law states:

The flag, when it is in such condition that it is no longer a fitting emblem for display, should be destroyed in a dignified way, preferably by burning. 

4 U.S.C. section 8.

Rick Heilman, a 22 year Navy veteran, noticed the National flag flying outside his work place was tattered.  He asked his manager if he could take the flag down until a replacement was obtained.  He was twice told, "no."  After thinking about it over the weekend, he returned to work on Monday and took down the flag. Whereupon, he was fired for insubordination.

According to the news report:

Yearwood Equipment Company’s management would not speak on camera, but did reiterate that Heilman was not fired for replacing the flag. 

Right! He was NOT fired for replacing the flag. He was fired for replacing the flag after his boss told him not to, even though replacing the flag was the right thing to do.

Is it tuh-MAY-toe or toe-MAH-toe?

Of course, the employment-at-will doctrine protects the employer, allowing employee dismissal for good reason, for no reason and even for a bad reason.  Some states recognize public policy exceptions to employment at will for employees who are fired for engaging in an important public activity. North Carolina law ought to recognize that displaying proper respect for the national flag trumps the superficial bruising of a boss's ego.

The NSA Song

From Bob Noone and the Well Hung Jury: