Problem 1: Annie placed an advertisement in the local newspaper: "Four Burmese kittens for sale. $300 each, lovely pets." Leone who is 13-year-old went to see the kittens and asked Annie to reserve the smallest one for him and said he would return in two weeks to collect the kitten. Later that day, Annie told her husband that Leone was to have the smallest kitten in the litter. Leone never returned.
(Leone - Minor, needs parents' consent, [necessities of life, scholarship, marriage, insurance], whether the cat is a necessity of life, VOID)
Problem 2: Nick telephoned Annie about the kittens. After enquiring about the breed, he said, "I ll think about it". The next day, Nick wrote to Annie, "I have decided to have the oldest one from the litter". However, a day after the call the oldest kitten was found dead for some unknown reason.
(Nick - Doctrine of Frustration - impossible to fulfill the contract anymore)
Problem 3: Yvonne sent an email to Annie stating that, '$300 is very expensive for a young Burmese. Will you accept $150?". When Annie replied by email that she would not, Yvonne posted a letter which read 'I accept your offer to sell a Burmese kitten at $300'.
(Yvonne - Offer, Counteroffer)
Problem 4: Walter paid Annie $300 and took one of the kittens. Two weeks later he complained to Annie that the kitten was in the habit of chewing the furniture. Annie said 'Never mind it will grow out of it'. When Walter took the kitten to the vet to see if the habit could be broken, the vet informed him that the kitten was not a purebred Burmese but a much less valuable cross-bred. Walter demands the return of his money from Annie and compensation for the damage to his furniture. Advise Annie.
(Annie - Misrepresentation - misleading or untruth statement that led the other party to enter the contract, fraudulent - The other party would purposely give untrue statement to lead someone into the contract with intention to deceive the other party, innocent misrepresentation - the parry makes a statement believing it to be true to the other party with no intention to deceive)
Based on the different scenarios, students should be able to understand the complexity of the contract law and the possibilities when one initiates a civil claim.