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MMLU / An avid baseball fan learned that a local professional baseball club was…

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question

An avid baseball fan learned that a local professional baseball club was conducting a baseball camp for fans who wanted to meet and receive instruction from the club's players. The cost of the two-week camp was advertised for 2,500,whichincludedmealsandhousing.Thefan,a54−year−oldsalesman,forwardedthecluba2,500, which included meals and housing. The fan, a 54-year-old salesman, forwarded the club a 50 registration deposit, which reserved him a spot in the baseball camp. Thereafter, the fan received a contract from the club, which all baseball camp attendees were required to sign. The agreement provided that the $2,500 entrance fee was nonrefundable. According to the agreement, all attendees would receive group instruction during the baseball camp. Consequently, the club's operating costs would not be reduced if one or more of the attendees failed to participate or complete the two-week program. The fan signed the contract and forwarded it with his $2,500 entrance fee to the club. Two days before the start of the baseball camp, however, the fan died from a heart attack. In a restitutionary action, can the executor of the fan's estate, a surviving brother, recover on behalf of the estate either all or part of the $2,500 paid to the club?
Plain-text mathematical notation (without MathML)
An avid baseball fan learned that a local professional baseball club was conducting a baseball camp for fans who wanted to meet and receive instruction from the club's players. The cost of the two-week camp was advertised for 2,500,whichincludedmealsandhousing.Thefan,a54−year−oldsalesman,forwardedthecluba50 registration deposit, which reserved him a spot in the baseball camp. Thereafter, the fan received a contract from the club, which all baseball camp attendees were required to sign. The agreement provided that the $2,500 entrance fee was nonrefundable. According to the agreement, all attendees would receive group instruction during the baseball camp. Consequently, the club's operating costs would not be reduced if one or more of the attendees failed to participate or complete the two-week program. The fan signed the contract and forwarded it with his $2,500 entrance fee to the club. Two days before the start of the baseball camp, however, the fan died from a heart attack. In a restitutionary action, can the executor of the fan's estate, a surviving brother, recover on behalf of the estate either all or part of the $2,500 paid to the club?
Original LaTeX notation
An avid baseball fan learned that a local professional baseball club was conducting a baseball camp for fans who wanted to meet and receive instruction from the club's players. The cost of the two-week camp was advertised for $2,500, which included meals and housing. The fan, a 54-year-old salesman, forwarded the club a $50 registration deposit, which reserved him a spot in the baseball camp. Thereafter, the fan received a contract from the club, which all baseball camp attendees were required to sign. The agreement provided that the $2,500 entrance fee was nonrefundable. According to the agreement, all attendees would receive group instruction during the baseball camp. Consequently, the club's operating costs would not be reduced if one or more of the attendees failed to participate or complete the two-week program. The fan signed the contract and forwarded it with his $2,500 entrance fee to the club. Two days before the start of the baseball camp, however, the fan died from a heart attack. In a restitutionary action, can the executor of the fan's estate, a surviving brother, recover on behalf of the estate either all or part of the $2,500 paid to the club?

choices

  1. No, but only if the club can show that before the start of the baseball camp it rejected another applicant because of its commitment to the fan.
  2. No, because under the terms of the agreement the $2,500 entrance fee was nonrefundable.
  3. Yes, because the club would otherwise be unjustly enriched at the fan's expense.
  4. Yes, under the doctrine of frustration of purpose.

subject

professional_law

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