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Moron sues for "100 Grand"

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Oh8ch said:
Didn't they ask her to make a trip to the station and didn't she do that? Certainly that doesn't merit 100k, but if the station was intentionally misleading in their enticement to get her to spend time and mileage to fulfill her end of the 'contract' she could be entitled to something.
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That's true. I guess I had not thought about it that way.

Also, the whether or not the consideration is equal is irrelevant to whther or not a contract is formed. As long there is any consideration given, a contract can be formed. Maybe they will find in her favor.
 
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i thought all radio stations had disclaimers that revolved around canceling/altering any giveaway at any time for any reason.

Originally Posted by Oh8ch
Didn't they ask her to make a trip to the station and didn't she do that? Certainly that doesn't merit 100k, but if the station was intentionally misleading in their enticement to get her to spend time and mileage to fulfill her end of the 'contract' she could be entitled to something.
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but did they not fulfill the "contract" by giving her the 100 grand? remember that while she did spend both time and money, none of that benefitted the radio station in anyway. in fact, the radio station makes 0 money directly from those listening to their broadcasts. so i find it fairly hard to understand how a contract can be formed out of what has more in common with charity than a business transaction.

but then im a tech and not a lawyer so... *shrug*
 
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i thought all radio stations had disclaimers that revolved around canceling/altering any giveaway at any time for any reason.
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I think challenges to those disclaimers is an interesting issue in its own right. That you make a statement and then say it doesn't count if you don't want it to doesn't necessarily mean it doesn't count if challenged.
 
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Oh8ch said:
I think challenges to those disclaimers is an interesting issue in its own right. That you make a statement and then say it doesn't count if you don't want it to doesn't necessarily mean it doesn't count if challenged.
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so if i say im going to donate my next paycheck to a particular charity then don't. they can sue me?
 
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martinss01 said:
remember that while she did spend both time and money, none of that benefitted the radio station in anyway. in fact, the radio station makes 0 money directly from those listening to their broadcasts. so i find it fairly hard to understand how a contract can be formed out of what has more in common with charity than a business transaction.
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When radios have giveaways, they aren't doing it out of a sense of 'charity' or to reward their listeners. It is 100% business. It's about attracting and securing viewers so that ratings go up and advertising prices go up. They probably put her on air and asked her to say their callsign or their slogan.
 
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LoKyBuckeye said:
make a donation to the "Human Fund... Money For People" :p
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humanfund.jpg


:slappy::slappy::slappy:
 
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Bucky Katt said:
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I would venture to say there is no consideration given here, hence no contract, hence no breach committed.​
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It is my understanding that a promise of a gift is not a contract and that if someone reneges on a promise to give, they will be liable only if the aforementioned promise induced the donee to take an action they otherwise would not have taken and the donee thus suffered damages.​
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Anyone with more knowledge, please feel free to correct this as necessary.​
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I'm calling bullshit on this. If that were the case, then stores could falsely advertise sales and then say "we ran out" just to get you there to sell you something ("bait and switch") which has been illegal for years. This was not a "verbal contract", and it is not the first time a radio station has pulled this very same shit...there used to be a comical sound bite on the web where a radio station did the same thing that this one did (offering a "prize of 100 grand"), only instead of having the person come down to collect their "prize", they asked him, after he hearly fainted from fiinding out he had won and thinking he just got himself $100,000, what he was going to do with a just candy bar. The guy went absolutely ballistic on them, which of course was the entertaining part of the sound bite. The bottom line is that the radio station cannot openly deceive or mislead the public...period. What if they had said that the next person to call would win a million dollars, and then turn around and award a million (insert third-world country here) dollars which is worth about five US dollars? You don't think they'd get their asses sued off? Fuck the radio station...I hope the bitch wins.
 
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Does anyone remember the Toyota-hooters-toy yoda case?

Some hooters offered a prize to the waitress that sold the most beer (or whatever).

The waitress who won thought she won a "Toyota," but her prize turned out to be a "toy-yoda" - the dude from star wars.

She sued and she won.
 
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