5. Northland Ford Dealers offered to sponsor a hole in one contest at Moccasin Creek Country...

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5. Northland Ford Dealers offered to sponsor a "hole in one" contest at Moccasin Creek Country Club. A banner announced that a hole in one would win a car but gave no other details, and the local dealer parked a Ford Explorer near the banner. Northland paid a $4,602 premium to Continental Hole-In-One, Inc., to ensure the award of the contest prize. The insurance application stated in capital letters that "ALL AMATEUR MEN AND WOMEN WILL UTILIZE THE SAME TEE." And Continental established the men/women yardage for the hole to be 170 yards but did not make this known to the participants. Jennifer Harms registered for the tournament and paid her entrance fee. At the contest hole, she teed off from the amateur women's red marker, which was a much shorter distance to the pin than the 170 yards from the men's marker-and she made a hole in one. When she inquired about the prize, she was told that because of the insurance requirements, all amateurs had to tee off from the amateur men's tee box, and she was disqualified. Harms, a collegiate golfer at Concordia College, returned there to complete her last year of athletic eligibility and on graduation sued Northland for breach of contract. Northland contends that her continuation of her NCAA competition evinced intent to waive acceptance of the car. Decide. [Harms v. Northland Ford Dealers, 602 N.W.2d 58 (S.D.)] 5. Northland Ford Dealers offered to sponsor a "hole in one" contest at Moccasin Creek Country Club. A banner announced that a hole in one would win a car but gave no other details, and the local dealer parked a Ford Explorer near the banner. Northland paid a $4,602 premium to Continental Hole-In-One, Inc., to ensure the award of the contest prize. The insurance application stated in capital letters that "ALL AMATEUR MEN AND WOMEN WILL UTILIZE THE SAME TEE." And Continental established the men/women yardage for the hole to be 170 yards but did not make this known to the participants. Jennifer Harms registered for the tournament and paid her entrance fee. At the contest hole, she teed off from the amateur women's red marker, which was a much shorter distance to the pin than the 170 yards from the men's marker-and she made a hole in one. When she inquired about the prize, she was told that because of the insurance requirements, all amateurs had to tee off from the amateur men's tee box, and she was disqualified. Harms, a collegiate golfer at Concordia College, returned there to complete her last year of athletic eligibility and on graduation sued Northland for breach of contract. Northland contends that her continuation of her NCAA competition evinced intent to waive acceptance of the car. Decide. [Harms v. Northland Ford Dealers, 602 N.W.2d 58 (S.D.)]

Answer rating: 100% (QA)

In this case it appears that Northland Ford Dealers sponsored a hole in one contest at Moccasin Creek Country Club with a banner announcing that a hol... View the full answer