Question

Four Gals Burgers restaurants hired Sky-High Marketing, Inc., to fly a banner above Virginia Beach. The banner offered $1000 to anyone who could swim to Chesapeake Bay from Virginia Beach in less than a day. At 10:00 am on Saturday, Sky-High Marketing’s pilot flew a sign above the Virginia Beach that read: “Swim to the Bay and Four Gals pays $1000.” On seeing the sign, Patterson dived in. About four hours later, when he was about halfway to the Bay, Sky-High flew another sign over the Beach that read: “Four Gals revokes.” Patterson completed the swim in another five hours. Is there a contract between Patterson and Four Gals? Can Patterson recover anything?

Answer 1

Yes, there is a contract between Patterson and Four Gals. This is because there was an offer from Four Gals and Patterson accepted the offer by starting to swim from Virginia Beach to Chesapeake Bay.

Yes, Patterson will be able to recover the full amount of $1,000 from Four Gals. This is because Four Gal’s refusal to pay Patterson $1,000 will be regarded as a breach of contract in the court of law as Patterson had completed his part of the obligation. Thus the court will award money damages to Patterson as Patterson is entitled to the benefit of the bargain that he had entered into with Four Gals by starting his swim.