Instructions

For the hypothetical cases below, first, describe what type of contract or tort is involved. Consider these aspects of contracts and torts: oral, written, bi-lateral, unilateral, assault, battery, strict liability, negligence, false imprisonment, nuisance, and intentional infliction of emotional distress. Then write a paragraph that addresses the questions provided.

Facts:

Acme Products advertised a cream that protected its user against poison ivy. The company said in its advertisement, that if anyone took the treatment and were to become infected with poison ivy they would pay that person $500. They said in their ad that they deposited $500,000 in an escrow account in a bank to reflect their promise. The plaintiff, Ana Rizos, used the cream, spent a weekend hiking in dense forested areas, and came home with a bad case of poison ivy. Rizos made a claim from Acme for the $500. Acme said it was not paying Rizos because it was not serious when they took out the ad.

Questions

1. Is there a contract between Rizos and Acme? Explain your rationale.
2. If so, what makes it a contract?
3. What are the plaintiff's damages?