Lawsuit against Enterprise Rent-A-Car

That is true... Good point well made

UK

[cereal rapist]

Originally Posted by gjgjhgsjd

That is true... Good point well made

UK

More countries should adopt Japan's model where you first have to go to arbitration or mediation and then if you do wind up going to trial, the loser has to pay all court costs.

[Cantsay]

Originally Posted by fhdgdfgd

I'm sorry and I would never defend Enterprise but I don't think you can sue someone for refusing to sell you something. It is bad business and unethical but the fundamentals are that even if you did receive a confirmation this does not constitute an enforceable contract, and as such it was simply an offer they revoked before you could accept (by paying) if they had taken money on the website this would be a different matter (which is why they don't) You Americans really need to stop suing at the drop of a hat (although we're getting that way to be fair)

Nice try though

Are you a lawyer or a law student? I just took Contracts II. I had never thought about reservations as K's. Solicitation for offer: Customer calls saying they'd like to rent a car. Offer: We will rent you the car for $29.95/day. Offer has price, terms, and creates power in customer to accept and form a K. Acceptance: Customer says they would like to make the reservation. This type of conversation is not likely, but it did happen occasionally when I worked at ERAC.

Nevertheless, you're probably right that a mere reservation does not constitute an enforceable K. Even if it did, no court would grant damages for a breach of this type of K, unless the denial of the reservation was based on race, gender, etc.

You're not off-base with this. I am a law student. Please see my post re: the case I filed with the State Attorney General's office in New York. I sympathize with you.