Charlie decides to take a trip and needs someone to take care of Snoopy and Woodstock. He
Question:
Charlie decides to take a trip and needs someone to take care of Snoopy and Woodstock. He travels to the local Vet and makes arrangements for their stay. Their brochure states they have state of the art security and have never had a pet lost, injured or misplaced.
A few days later he remembers that Linus is off school for the summer and might be interested in apartment sitting.
On June 10, 2018, Charlie writes a letter to Linus.
Dear Linus,
I’m going to be away from July 1, 2018 to July 30, 2018. I had planned on taking Snoopy and Woodstock to the Vet for boarding. However, it occurred to me that you are off from school for the summer and might be interested in taking care of the pets and my apartment. I will pay you $500 for food and other expenses.
P.S. I have approval from Lucy for you to stay in my absence.
Linus receives the letter on June 15, 2018. On that same day, Linus writes a letter back to Charlie stating he would love to stay and take care of the pets but he would like to bring his blanket and needs to be paid $750.
In reliance on the contract with Charlie, Linus calls his big sister Lucy and tells her he can not do repairs to her apartments. He was to receive $50.00 per month for a term of 13 months. Lucy is forced to find someone else who will cost her $75.00 per month.
On June 12, 2018, Charlie calls the Vet and informs him he might not be in need of their services. He is informed that the reservation has been made and if he cancels he will forfeit his deposit of $100.00.
On June 13, 2018, Charlie sends a letter to Linus stating he will no longer need his services. The letter is received by Linus on June 16, 2018.
Linus arrives at Charlie’s apartment on June 30, 2018. Charlie refuses to allow him into the apartment. Linus leaves threatening to sue.
The next day Charlie takes Woodstock and Snoopy to the Vet for boarding and leaves for his vacation. Unfortunately, the Vet has left open a window and Woodstock flies away. The Vet posts signs all over the area stating they will pay a reward of $50.00 for the return of the yellow bird.
Charlie returns from his vacation to find Snoopy sad and lonely because Woodstock is missing. Charlie is irate and claims he is going to sue them for negligence. The Vet hands him a copy of his receipt which states:
The Vet Emporium shall not be responsible for any loss or injury suffered by any animals while boarded at this location, whether or not caused by the negligence of Vet Emporium or any of its employees or agents.
Charlie takes Snoopy and leaves without paying. The Vet now claims he is going to sue for services rendered.
Charlie receives a call from Sally three days after his return. She notifies him she found Woodstock several days ago and has been nursing him back to health. Sally returns Woodstock to the apartment. Lucy overhears their conversation and informs Sally about the reward.
Sally demands the reward from the Vet. He declines to pay her. She now states she will sue them as well.
Sally returns to Charlie’s apartment and notifies him that the Vet refuses to pay her the reward. Charlie then tells her that he will pay her $100.00 for her care and feeding of Woodstock. Sally returns the next day and Charlie refuses to pay. Sally now adds Charles to her list of defendants.
1) LINUS WISHES TO SUE CHARLIE
On what contractual grounds could he sue?
Will Linus prevail?
What if any defenses, contractual arguments or counterclaims would Charlie have?
Will Charlie prevail?