Question: Mers was a sales rep for Dispatch Printing. His trainer at Dispatch assured him that, as long as he was a fairly good worker, he
- Mers was a sales rep for Dispatch Printing. His trainer at Dispatch assured him that, as long as he was a fairly good worker, he would have continued employment. Mers did better than this, earning numerous commendations and awards for having an exemplary sales record. Unfortunately, he was arrested for a felony and shortly thereafter was suspended from Dispatch. The director of the Dispatch Employee-Labor Relations Department told Mers that he would be reinstated when he received "a clean bill of health, a clean slate." Mers was also told that he would be reinstated with back pay. Mers' felony case went to trial and the result was a hung jury. Mers had not looked for another job during this time, and so when the prosecutor announced that the case would no longer be pursued, he went back to Dispatch with his "clean slate." At that point he was told that he could not have his job back. Mers looked for work for three years before finding another job. Mers sued Dispatch using promissory estoppel as one of his theories of recovery. Does Mers have a good promissory estoppel case here? Explain. [See: Mers v. Dispatch Printing Company, 39 Ohio App.3d 99 (1988).]
2. Boskett offered to sell a 1916 dime to Beachcomber Coins, Inc. Beachcomber examined the coin carefully and agreed to pay Boskett $500 for it. Later, Beachcomber asked a representative from the American Numismatic Society to examine the coin. The coin turned out to be counterfeit. No evidence existed to indicate fraud on Boskett's part. Beachcomber sued Boskett for rescission and a return of the $500. Beachcomber claimed this bilateral mistake of fact created grounds for a rescission. Was Beachcomber correct? Explain. [See: Beachcomber Coins, Inc. v. Boskett, 400 A.2d 78 (NJ).]
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