Question

In this forum, we will examine and discuss the requirements for the formation of a valid and enforceable contract. You will need to answer the two questions in detail by reading the discussion details following the questions:

1. What do you advise Chenard about whether or not he is entitled to the car based on applicable contract law?
2. Would your answer be different if Chenard had made a hole-in-one, but had not previously been aware of the free car flyer or other promotional literature?

The Lewiston Lodge of Elks sponsored a golf tournament at the Fairlawn Country Club in Poland, Maine. For promotional purposes, Marcel Motors, an automobile dealership, agreed to give any golfer who shot a hole-in-one a new Dodge automobile. Fliers advertising the tournament were posted in the Elks Club and sent to potential participants. On the day of the tournament, the new Dodge was parked near the clubhouse, with one of the posters conspicuously displayed on the vehicle. Alphee Chenard, Jr., who had seen the promotional literature regarding the hole-in-one, registered for the tournament and paid the entrance fee. While playing the 13^th hole of the golf course, in the presence of other members of his foursome, Chenard shot a hole-in-one. When Marcel Motors refused to tender the automobile, Chenard came to you, an attorney, for advice.

Answer 1

1. The case is a clear example of a unilateral contract. A unilateral contract is a one dimensional contract in which the offeror has promised a specific consideration, after the fulfilment of a specific condition or occurrence of a specific act. In these kinds of contract, the contractual obligation remains only with the offeror. The offeree dos not have any role in the contractual obligation.

A unilateral contract is legally binded and if all conditions get fulfilled, then the offeror is legally binded to pay the consideration or promise to the offeree. In this case, Chenard had fulfilled the requirements for the unilateral contract and thus Marcel Motors is bound to fulfill the promise of gifting the car as a prize to Chenard. In case of denial, Chenard has full rights to sue Marcel Motors under contractual breach.

2. The answer remains the same even if Chenard did not have any idea about the unilateral agreement offered from Marcel Motors. In a unilateral contract, the offeror has the prime role in the adherence of the contract. The offeree simply qualifies for the contract, after he is able to fulfill a requested task. Hence, after making a hole-in-one, Chenard becomes eligible for the car. It is the duty of Marcel Motors to fulfill their contractual obligation and gift the car to Chenard.