Question

May LaPort was browsing through an antique store. Prominent signs were posted in several places throughout the store: "Please be careful in handling the merchandise. If you damage the merchandise, you will be responsible to pay for it." May picked up a porcelain figurine to examine it. The figurine slipped out through her fingers and smashed into pieces on the floor. The price tag said $1500. Does May have a contract with the store under which she is committed to pay it $1500? Discuss your answer using relevant legal theories.

Answer 1

Yes May have a contract with the store under which she is committed to pay it $1500.

By the theory of accountability for conduct and reliance may have to pay $1500 to store

Contract can arise by implication of conduct, and it need not be spelled out in express terms. The terms of contract do not necessarily have to be documented or spoken. The contract could include terms that are posted.

Contract was created under which store allowed May to handle the merchandise in exchange for her to promise to pay anything she broke.

Even if store can't establish the contract, store may be able to claim damages from May in tort because her negligence resulted in damage of store property.