Gottlieb Brief

Gottlieb Brief - signed up as a member played on July 24...

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Gottlieb v. Tropicana Hotel and Casino Issue Did Gottlieb and Tropicana have a consideration to create a contract? Rule Consideration - is a 1) legal value (act or promise) 2) bargained for (agreed exchanged terms) and 3) given in exchange for an act or promise. promisor - making promise promisee - receiving promise gratuitous -free (gave nothing and received nothing) Application Gottlieb argues that on July 24 they had been a member of Tropicana Diamond Club for a number of years, the legal value involved was name, information and playing habits of Gottlieb that would in return receive member benefits such as on a daily basis the ability to spin the Million Dollar Wheel for a chance to win $1,000,000. Gottlieb argues the exchange was bargained for because Tropicana would receive information for marketing use, generate excitement via Million Dollar Wheel and Gottlieb Diamond Club member can use the card to spin the wheel for any opportunity to $1 million. Gottlieb the exchange took place when he
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Unformatted text preview: signed up as a member, played on July 24 with his card with Tropicana's permission to spin the wheel. Gottlieb also argues that it was not a gratuitous service provided by Tropicana as they received return benefit such a increased popularity, marketing information and repeat customers. Tropicana argues that there was no legal value because the card was given free of charge to Gottlieb. Tropicana argues that there was no bargain involved, because in order to become a Diamond Club member one must agree to a unilateral contract without any exchange of terms. Tropicana agrees that an exchange took place, that as a card member one may spin the wheel at the Tropicana casino. Conclusion Yes Tropicana created consideration because it meets the requirements of having a legal value that was bargained for and promisor & promisee acted on the promise....
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