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This posting addresses Emily's entitlement rights.

Emily had a wonderful twenty-first birthday celebration. Her boyfriend gave her a mini-DVD camcorder, and her sister gave her a $50 gift certificate to Tom Shea's, a popular seafood restaurant. Emily's grandfather telephoned her from Florida to say his present to her was his convertible sports car. She could pick it up at his winter home in Florida any time. The next day, she received news that her grandfather had passed away in Florida before she had had time to pick up the car. She let a year go by before going to the restaurant to use the gift certificate and was told that the certificate had expired. She and her boyfriend ate there anyway, but after leaving the restaurant, Emily realized that she had left her camcorder at their table. She learned from the waitress that another party had found the camcorder and was supposed to have returned it to her. Later, the police found the camcorder at a pawn shop and identified it as hers.

Opening Case Questions

1. Is Emily entitled to her grandfather's car?
2. Could the restaurant keep the money that had been paid for the gift certificate?
3. What duty did the restaurant owe to Emily concerning her camcorder?
4. Can Emily recover the camcorder from the pawn shop?

Solution Preview

1. Is Emily entitled to her grandfather's car?

In a court of law, Emily would likely take possession of her grandfather's car due to the laws of promissory estoppel. Her grandfather promised her the car before he died. There has been no action by either party to make the verbal contract void. Promissory Estoppel is used in cases where there is a written or verbal agreement but such contract is lacking and may be considered not enforceable, although one party has relied on the promise of another party. In this case, the agreement meets the criteria of enforceability because the agreement was a verbal agreement and one of the parties is now deceased. Emily, nor her grandfather, made any statements to the contrary that would leave any party, including Emily's family members or others, to believe that the contract would not be enforceable due to the passing of her grandfather, in relation to the ownership of her ...

Solution Summary

The solution provides discussion on Emily and her rights to her grandfather's car, the camcorder, and the gift certificate. References are also provided.

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