Granny and John are neighbors. Diego is Grannys grandson and he is concerned that Granny is getting

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Question:

Granny and John are neighbors. Diego is Granny’s grandson and he is concerned that Granny is getting older and having trouble preparing healthy meals for herself at home, especially during COVID-19 when she is told to avoid grocery stores.

Diego feels bad that he does not live nearby and cannot help her shop or cook for herself, so he orders Granny an organic meal delivery service from FreshForYou (hereafter “FFY”), an online company that delivers meals directly to each customer’s front door. Diego ordered the meal delivery service online, and he selected the “Daily Dining” option, in which FFY would deliver 7 breakfasts,7 lunches and 7 dinners each week for $300.00 per week with the first delivery scheduled for January 1, 2020. Unfortunately, when Diego entered the order, he entered a typo into the “Deliver to” box, mistakenly writing John’s address instead of Granny’s.

On January 1, 2020, Granny’s neighbor, John, was surprised to see a FFY box on his doorstep. John opened the box and saw a form titled “Order Summary” on top, with Diego’s name and information under the “billing information” section, and Granny’s name listed under the “deliver to” section, but with his address written under Granny’s name. The Order Summary also described the “Daily Dining” option included in the box and confirmed that Diego’s credit card has been charged $300.00 for the contents of the box. It also noted that the next scheduled delivery was for January 8, 2020. John prepared all the meals in the box throughout the week and shared them with his family. They were delicious.

On January 8, 2020, John received another FFY box of “Daily Dining” again with an Order Summary with Diego’s name listed in the “billing information” section and Granny’s name and John’s address listed in the “deliver to” section. John loved last week’s meals and again prepared all the meals in the box and served them to his family.

On January 10th, Diego called Granny on the phone to see how she was enjoying her FFY meal delivery. Granny told Diego that she has not received any meals. Diego called FFY and found out that the delivery was going to John’s house, next door, instead of to Granny’s house.

Part 1: Diego is upset because he has paid for $600 worth of meals that Granny has not received. For purposes of part (1) only, assume that Diego demanded a refund from FFY, but FFY refused to refund Diego’s money because Diego provided the incorrect instructions when he was completing the online order. Diego comes to you for advice.

In the case of Diego v. FFY, what result? (Write your answer in IRAC format.)

Part 2: Now, for purposes of part (2) only, assume that on January 15th, John received an invoice in the mail from FFY for $600.00 for the two weeks’ worth of meals he consumed. John called to contest the invoice, stating that he will not pay for it because he never ordered the meals. FFY wants John to pay for the two weeks of meals he accepted and comes to you for advice.

In the case of FFY v. John, what result? (Write your answer in IRAC format.)