After careful review and analysis, the law firm of Dewey, Cheatham, & Howe have come to a consensus of the possible legal actions your company, Placebo, may choose to execute. In formulating our review I first had to assess whether a contract was formed. If a contract or an agreement that is legally binding and enforceable was not formed, you would lack that ability to seek legal actions against Datamine. The advertisement in question specified quantity and who could accept making it an offer versus an advertisement or an invitation to deal. The notion that the advertisement served as an invitation to deal rather than an offer in itself is found in the Mesaros vs. United States, is contested since the special price was not published and that the offer targeted certain individuals and specified lapse of time and quotas. The ways in which an offer can be terminated are as follows: lapse of time, revocation, rejection by offeree, or death of a party prior to acceptance, none of which were present prior or subsequent to the formation of the offer.
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2 members of Placebo - Coachella FestivalFor a contract to be made an offer must be present. In your case an offer was made to you by Datamine promising its product, COMA, at a special price of $1,000 to the first ten medical practice groups that ordered it. Once an offer is established the offeree must either accept or reject. In your case Stan Hardy, accepted the terms of the contract by reading the terms and placing an order by clicking on the submit button. This affirming action formed the basis of the contract that Placebo currently has with Datamine. With this information at hand, it is possible for you, Placebo, to seek compensation.
Our next step is to determine who is liable for...