Blackmail and Breach of Social Don V Joe Analysis

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Below is one fact pattern that you will analyze and write your answer in IRAC format. You will need to write more than one IRAC.

Issue statement = name of rule+party names+ key fact.

Rule = write out all rules and definitions of those rules that determine the outcome

Application = analyze every element of every rule. Discuss ALL the facts and both sides. Most of your points are earned in this section.

Conclusion = who wins?

Fact Pattern

Joe and Don are cousins and were very good friends. Joe told Don that Joe was looking at a used ZOOM motorcycle and it was the best looking bike that Joe had ever seen. Joe explained that the ZOOM motorcycles were not made anymore and they were rapidly becoming collector bikes. He told Don that the only problem was that the seller, Sam, was asking too much for the bike. Joe explained that he had offered $10,000 for the bike but the seller was asking $12,000. Joe was convinced that if the seller received an offer substantially lower than Joe’s offer that the seller would come down in price. Joe asked Don to make an $8,000 offer for the bike. Don was very reluctant to do so. To make Don change his mind, Joe emphasized how helpful Joe had been for Don. Joe mentioned just how helpful it had been for Joe not to mention to Don’s wife the fact that Don was having an extra-marital affair. Feeling that he had little choice, Don agreed to make the offer after getting assurances from Joe that Joe would be the one buying the bike.

Don put in the mail the following signed writing addressed to Sam:

I hereby agree to buy the ZOOM motorcycle you have for sale. I will pay no more than $8,000.

While viewing the bike several days later, Joe noticed transmission fluid leaking from the bike. Knowing that the bike was being sold without any warranties because it was being sold “as is” as declared by a large sign on the bike, Joe told Sam that Joe was no longer interested in buying the bike. Disturbed by the loss of a potential buyer, Sam placed in the mail an “acceptance” of Don’s $8,000 “offer”. The next day, Joe told Don about the bike’s problem and that he, Joe, was not going to buy the bike. Don immediately called up Sam and told Sam that Don was revoking his offer.

Don comes to you and asks you to solve his problems. Discuss who has what rights against whom and why.