Dear New Attorney,
Our client, Mr. Sam Superstar, has come to the law firm asking for an analysis of a recent business transaction between himself and Dr. Frank Peters, a local dentist. Here are the facts of the case:
Facts of Case
On November 1, Sam Superstar, a retired doctor, saw an ad in the local paper which was placed by Dr. Peters, a dentist. The ad said, “Going out of business. Retiring to Bermuda in two weeks. I want to sell 850 tubes of toothpaste to whomever will provide a reasonable price. I think $1.00 per tube is a fair price and I would ask for that. I just want to sell the tubes and reduce my inventory quickly. Write me if wanting to accept.”
The same day Sam quickly wrote out a check and made it payable to Dr. Peters for $850 ($1 per tube). He then put the check in the mail. Sam wanted the toothpaste so he could donate it to an orphanage in a war-torn country.
The next day, November 2, Sam was at the local farmers market buying supplies for a homeless shelter when he ran into Dr. Peters. Sam asked Dr. Peters if he had received the check. Dr. Peters thought that Sam meant the check for his recent dental cleaning. Dr. Peters said yes, and he was planning on cashing the check on November 3. Sam said, “That’s great Dr. Peters! I guess we have a deal!” Not knowing what to say, Dr. Peters stated, “I guess so.”
On the morning of November 3, Sam got a written message from Dr. Peters along with the check that he had written to Dr. Peters. The message read, “Sam, Here is your check back. I got a better deal. I guess all those orphans will have to get their teeth cleaned in some other way. Life’s tough! Too bad for them, right?”
Sam Superstar was furious. He wrote a letter to the local paper calling Dr. Peters a liar and a jerk. It was published on November 4. In the letter, Sam stated that Dr. Peters committed fraud and larceny, and he was acting under false pretenses by not selling him the toothpaste. Sam called on all of Dr. Peters’ patients to find other dentists for their dental needs. Dr. Peters does not have a criminal conviction of any kind.
On November 5, Dr. Peters had a change of heart and told his dental assistant to contact Sam and let him come by and take all the tubes of toothpaste for free. Dr. Peters left his office. At 5 p.m. the assistant left to go home. The assistant never saw or talked to Sam. At 5:15 p.m. Sam broke into Dr. Peters’ office and took all 850 tubes of toothpaste from the office. He loaded the toothpaste in his truck and left to deliver the tubes to the orphans.
On November 6, Dr. Peters had eight appointments, but six appointments cancelled due to Sam’s letter that called Dr. Peters a jerk and a liar. Dr. Peters retired from the dental practice on November 14.
You Are the New Attorney at the Firm
Is Sam or Dr. Peters liable in any civil or criminal capacity? Why or why not?
