Delilah is a nature-lover and a traveler by hobby. Over the…
Delilah is a nature-lover and a traveler by hobby. Over the last two years, she has visited some of the most well-known national parks in the country, and has enjoyed collecting rare souvenir postcards from each park, which are only available by visiting the parks. Last year, Delilah lived in New York, and began her travels to national parks. She keeps all her postcards from parks she visited while living in New York in what she calls her “New York portfolio” which includes three postcards, from Yellowstone National Park in Wyoming, Grand Canyon National Park in Arizona, and Sequioa National Park in California. After she visited Sequioa National Park, which was her favorite, she moved to California, and started a new collection that she calls her “California portfolio” which includes three postcards from the parks she visited while living in California: Redwood National Park in California, Joshua Tree National Park in California, and Yosemite National Park in California. Delilah treasures her trips and memories, and keeps each portfolio in a separate box so she can relive her adventures in order. Patrick is starting up a travel agency business, but he has not travelled much himself. He is looking for ways to boost his business by showcasing souvenirs from different popular travel destinations. Patrick puts an advertisement in the local newspaper that says “Travel agency looking for souvenirs from popular destinations to be used as display props. Willing to pay good money.” Patrick includes his contact information in the advertisement. Delilah sees the ad in the newspaper and thinks she might have what Patrick needs. Delilah brings the postcards from both her New York portfolio and her California portfolio, combining them in one box for ease of transport, and shows them to Patrick at his office. She states that she is interested in allowing Patrick to use them as display props if it would help his business, but that she does not want to lose them as they are very precious to her. Patrick looks over the six postcards Delilah brought, and is excited. He particularly likes the postcards from Sequioa National Park and Redwood National Park, as they have beautiful trees that he thinks would be a huge draw. Patrick gets Delilah’s contact information and tells her he’ll be in touch. The next day, Patrick emails Delilah: “Thank you for bringing the postcards by. I would love to rent some of the postcards from you, so I can use them as props but you will still get them back.” Delilah emails back the same day: “That could work. Which postcards are you interested in?” Patrick responds by email: “How about just the California postcards? I’ll pay $50 a month for the next 18 months, that’s $900 total. At the end you get them all back in the same condition.” Delilah emails back immediately: “You’ve got yourself a deal.” The next day, Delilah brings the postcards from her California portfolio – Redwood, Joshua Tree, and Yosemite National Parks. Patrick is disappointed and asks why the Sequioa postcard is missing. Delilah explains that the Sequioa postcard is part of the New York portfolio, because she obtained it while she was living in New York. Patrick states that he wanted the postcards from all the parks in California, and assumed that would include Sequioa National Park. Delilah states she never agreed to give up Sequioa, her favorite, and walks out with all her postcards. Patrick is stunned and asks his lawyer for advice. Does he have a contract with Delilah? If so, which postcards are included? Do not discuss any potential remedies Patrick may have against Delilah.