Follow us!

    Post: bicycle case

    Posted by kate on 8/11/10

    I have this case problem. I have to present this I want to
    hear your thoughts to make sure I'm not missing any key
    points?? Thanks!

    Dirk Right is the owner and sole proprietor of Right’s
    Bicycles, a retail bicycle store. Biff Smith is the Chief
    of Police of the local police department. Biff wanted to
    start a bicycle patrol unit in the police department, so he
    called Dirk to order five mountain bikes. Biff was
    familiar with the Schwinn bicycle company, so he told
    Dirk “Order me five of Schwinn’s top of the line mountain
    bikes. Get me the best price you can.” Dirk
    responded: “You got it, Biff.”

    A few days later, Dirk received a form letter from the
    local PBA (Policemen’s Benevolent Association), asking for
    donations. On the bottom of the letter was a handwritten
    note: “P.S. - Thanks for ordering the bikes for me!” It
    was signed “Biff“.

    Dirk ordered five of the best mountain bikes that Schwinn
    made for Dirk. They were a “special order”
    because “POLICE” decals and other markings had to be put on
    the bikes. Each bicycle cost Dirk $3,500, since the “top
    of the line” mountain bike is made for the serious mountain
    bike racer.

    When Dirk got the bicycles from Schwinn, he had them
    delivered to Police Headquarters, with a bill for $17,500.
    (Dirk had decided to sell the bikes to Biff at his cost, as
    a way of contributing them to the community). Shortly
    after the bikes arrived, Dirk got a telephone call from an
    angry Biff who yelled: “How can a bicycle cost $3,500.00?!
    This is highway robbery! Come over and pick up these bikes
    now. There is no way the town council will pay for these.
    I am canceling the order.”

    Dirk did not pick up the bikes because he could not return
    them to Schwinn. (They were a “special order”). Nor could
    Dirk make Biff listen to reason. Dirk’s only recourse was
    to sue for his loss.


    1. Who should Dirk sue? Why? Will the Court rule that
    a contract was created? Why or why not? If so, between
    which parties? Why? If not, why not? If so, is it
    enforceable? Why or why not? Your answer must include a
    list of all the requirements of a contract, a detailed
    explanation of each and an analysis of whether the Court
    will rule that each requirement has been met, considering
    the facts given above. Include in your answer and analysis
    all issues that appear and affect the outcome of your
    answer, including any defenses that may be available and
    their likelihood of success, with your reasoning, and any
    ancillary issues that appear in the problem.

    2. Assume that the Court ruled that a contract was
    created, and that it was breached. Who is the responsible
    party? What type of relief is Dirk entitled to? Against
    whom? Why?

    Posts on this thread, including this one
  • bicycle case, 8/11/10, by kate.

  Site Map:  Home Chatboards Legal Jobs Classified Ads Search Contacts Advertise
  © 1996 - 2013. All Rights Reserved. Please review our Terms of Use, Mission Statement, and Privacy Policy.