Can Gottlieb recover from Tropicana for breach of contract
This is case brief, issue is “Can Gottlieb recover from Tropicana for breach of contract.”
Needs: Issue, Rules, Application & Conclusion.
THE CASE: Rena Gottlieb was a member of the “Diamond Club” at the Tropicana casino in Atlantic City, New Jersey. To become a Diamond Club member, an individual must visit a promotional booth in the casino, obtain and fill out an application form, and show identification. There was no charge. The application form required a prospective member to list her name, address, tele- phone number, and e-mail address. Tropicana entered that information in the casino’s customer database. Members received a Diamond Club card with a unique identification number, which the member swiped each time she gambled on a machine. Tropicana then tracked the gambling habits of its members and used that information for marketing purposes. The card entitled members to one free spin per day on the Fun House Million Dollar Wheel Promotion, which of- fered participants a chance to win a grand prize of $1 million. On July 24, Gottlieb presented her Diamond Club card at the Million Dollar Wheel, a casino operator swiped it and pressed a button to active the wheel, and the wheel began spinning. According to Gottlieb and several witnesses, the wheel landed on the $1 million grand prize. But, when it did so, the casino attendant immediately swiped another card, reactivated the wheel, and the wheel landed on a lesser prize. Despite Gottlieb’s pro- tests, Tropicana refused to recognize that she won the grand prize. She sued for breach of contract. Though Tropicana denied that its operator intervened, it also defended by claiming that no valid contract existed between it and Gottlieb because she had provided no consideration to support any supposed agreement. Is Tropicana correct?
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Answer preview Can Gottlieb recover from Tropicana for breach of contract
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