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3 contributions to Law Skool Advantage
Torts Practice
What areas of torts do we need to focus on right now? I will pull a few MC to practice with you all this week! For now, here is a products liability question since it is a torts/contracts cross-over area (in other words it is a torts question but contract principles will help you solve it): The manufacturer made a product that was sold over the counter for treatment of dandruff and dry scalp conditions. A doctor purchases a bottle at a drugstore. A statement on the label read, "This product will not harm normal scalp or hair." The doctor used the product as directed. Bcause of a rare scalp condition making him allergic to one of the ingredients, the product irritated his scalp causeing him much pain and discomfort. In an action for negligence by the doctor against the manufacturer, which of the following additional facts or inferences, if it was the only one true. would be most effective in the manufacturer's defense?
Poll
13 members have voted
1 like • 30d
Option B seems to be the most lawyerly defense, although it ignores the Eggshell Skull rule.
Formation: Assent HYPO
On August 1, 2021, Bill decided to buy a home in the City of La Verne, California. He downloaded the Zillow app to his phone and began scrolling through the homes listed for sale in the City of La Verne. Zillow is a real estate app that lists all houses currently for sale throughout the state of California; the application provides the sellers name, house address, pictures, total square footage, price, and other information that may be relevant to the sale and purchase of any given home. After viewing several homes on the Zillow App, he saw a home on 7th street he was interested in purchasing. The house was being offered for sale at a price of $750,000. He immediately emailed the seller through the Zillow app stating he would like to purchase the home for the price listed. The seller (on that same day) responded via email stating that the house was no longer available for sale; however, the seller had another home on 5th Street that was very similar in size, lay-out and price. On August 2, Bill emailed Seller and demanded that he be sold the 7th Street House because Bill had emailed his acceptance to Seller to the email address provided by Seller on the Zillow App and that he accepted all the terms of Seller’s offer as articulated on the Zillow App. Did Bill and Seller form a valid contract? IRAC your rationale in the comments!
Poll
9 members have voted
1 like • Apr 13
GOVERNING LAW Here, the subject matter was real property; thus the common law governs. FORMATION ISSUE Whether Bill’s email to the seller stating he would like to purchase the 7th Street home for $750,000 constituted a valid acceptance of an offer, thereby forming a binding contract. RULE A valid contract requires mutual assent, which consists of a clear offer and an acceptance. ANALYSIS Here, advertisements and online listings are typically not offers because they lack the intent to be bound by any single person who sees them. Instead, they are invitations for potential buyers to make an offer. Furthermore, Bill’s email on August 1st was actually an offer, not an acceptance. Bill manifested his willingness to buy the property for the listed price. At this point, the power of acceptance shifted to the seller. The seller did not accept Bill's offer. Instead, the seller stated the house was no longer available and suggested a different property on 5th Street. This response functioned as a rejection of Bill’s offer. Thus, there was no mutual assent consisting of a clear offer and acceptance. CONCLUSION Bill and the seller did not form a valid contract. There was an invitation to make an offer, not an offer itself. Without a valid offer, no acceptance was possible, and mutual assent was never achieved.
Introduction
Hello. I’m a JD student with a background in financial planning, currently navigating the 1L law school grind. I'm here to contribute where I can and assist those who feel like they’re hitting walls with issue spotting and other legal writing problems, specifically IRACs.
0 likes • Apr 8
@Kimberly Farina Hi Kimberly! Great to meet you also. Honestly, I just felt like law was where I'm supposed to be at this time. The more life happened, the more it just kept making sense. So, (or "Thus" to sound more lawyerly), I finally went for it. Now I'm here trying to figure it all out one step at a time, just like everyone else. How about you? What brought you to law school?
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James Mulcahy
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@james-mulcahy-9305
Writer, content creator, teacher, coach, all around polymath in Los Angeles, originally from Chicago, Illinois.

Active 5d ago
Joined Apr 6, 2026
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