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An Offer Conditioned on Recovery
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This question should be answered in an IRAC format. Please include all relevant keywords, terms, and phrases when discussing each topic.
Glenda, the owner-director of an exclusive private summer camp for children, hired Clara the Clown to perform for the children during the week of June 10 through 16. Unfortunately, Clara came down with acute laryngitis and informed Glenda by letter that she would be unable to perform until sometime in late June. On June 1, Glenda sent the following letter by overnight mail to Ronny, Tommy and Lonny, three other clowns.
“I’m in a bind. I had lined up Clara the Clown for the week of June 10 through 16, but she’s sick and can’t perform. I need another clown. You have to be here at camp by June 9th at the latest so I can prep you on this year’s program. Camp is filled to capacity so money is no problem. Sincerely desperate, Glenda.”
All three letters were identical and were received by the respective clowns on June 2.
Assume that Ronny shows up on June 9th, telling Glenda all her problems are solved. However, Clara has recovered and Glenda claims there is no contract between the camp and Ronny. The camp asserts the defense that Clara’s recovery from her illness was a changed circumstance that excused it from liability on its contract with Ronny.
Will the camp prevail on this defense?
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Can a contract be conditioned on an event happening? Is that what happened here? Think about whether the initial letters constituted an offer, given that they were sent to multiple people.
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