Luis has recently opened "PetSearch.com," a small start-up Internet business, whose one asset is a very expensive drone, equipped with a sophisticated infrared camera. The Defense Department and CIA have indicated an interest in Luis's start-up company, and have said they will invest substantial sums in his venture if he can prove "his idea works." A local pet store owner has said it will advertise Luis' company on its website for free if he can prove "it isn't a scam."

 

Rob sees an ad posted on telephone pole in his neighborhood for "PetSearch.com" along with an e-mail address. He sends a picture of his lost cat, along with the message, "I'll pay you $250 for the return of my cat, 'Telecaster.' E-mail  when you have found him and provide your phone number and I will contact you to arrange for payment of the reward."

 

Upon receiving the E-mail,  Luis goes immediately into action. After a long night of searching while monitoring his drone, Luis finally spots what looks like Telecaster on a roof. He e-mails Rob with his phone number, and Rob calls him. Luis tells Rob the address and Rob says it is across the street from his house. Luis says he will be right over. Exhausted but elated, Luis arrives with his friend, Sid, whom he has paid $25 to accompany him on this job.  Rob greets them and holds up $250 in cash and says, "I hear him up there now. Go get him and bring him to me safe and sound so I can hold him in my arms."

 

Sid runs across the street and climbs a tree next to the house to get Telecaster and bring him safely to Rob. As he gets on the roof, holding the picture provided by Rob, he looks at the cat and shouts out, "It's Telecaster all right. But it looks like he might have a broken leg."

 

Rob, calculating in his mind potential veterinarian bills based on past experiences with Telecaster, yells back, "Never mind, I revoke my offer. I said I wanted him back in my arms safe and sound, not with a broken leg."  Luis says, "Then we are going to sue you!"

In a suit by Luis against Rob for breach of contract, who will prevail and under what theory? What damages should Luis plead?

Answer rating: 100% (QA)

Analysis of Breach of Contract Suit by Luis against Rob Prevailing Party It is unlikely that Luis will prevail in a breach of contract suit against Ro... View the full answer