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 automobile 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 offer, registered for the tournament and paid the requisite ­entrance fee. While playing the 13 hole of the golf course, in the presence of the other members of his foursome, Chenard shot a hole in one. When Marcel Motors refused to tender the automobile, Chenard sued for breach of contract. Was the contract a bilateral or a unilateral contract? Does Chenard win? Is it ethical for Marcel Motors to refuse to give the automobile to Chenard? Chenard v. Marcel Motors, 387 A. 2d 596, 1978 Me. Lexis 911 (Supreme Judicial Court of Maine)

  • CreatedAugust 12, 2015
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