Hi wonderwoman77
The law of offer and acceptance is being questioned. I would have thought that your young cousin (bless his sox) made the 'make a wish foundation' an offer...and they hereby accepted!! End of story!!
Contractual law is complicated...yet this seems rather simple to me. The foundation stuffed up. Yes they do have an obligation to the terminally ill child...but they also have an obligation to act honourably when they make mistakes. There also appears to be a breach of a promise...my advice...see a lawyer...someone that does this sort of thing for publicity and not for money...so that it doesn't cost you anything.
Your little cousin might not be terminally ill...but there is no need for them to discard him like an old newspaper I don't think the issue is whether he is going to live with a disability or die at a tender age. That is SO not the point. The issue is, is it ethical for the foundation to officially grant him acceptance, and then at a later date say 'whoopsie' no can do? If mistakes are acceptable then why are doctors being sued for malpractice?
The foundation breached an agreement between themselves and your cousin...it does not have to be written...it can be oral (Australian law here)...you might want to look into that. But they are liable...and I would be seeking compensation!
Here is a little story that I thought you might find interesting...its all about ethics. Recently I went to New Zealand to attend my father's funeral. While there, we bought some coke...inside the cap is a blue seal...which my daughter and step daughter like to use to make these hideous bracelets out of. I have scolded them for picking up these seals from bottles discarded in the street...so I make an effort to keep them when I can remember. While in NZ...I kept these seals. I came back to Australia a week later and went to present these seals to my girls. Before I handed them over, I noticed an H crest on one of them. I then investigated and realised it was a prize in a Harry Potter competition...the prize was a trip to the UK for a family of 4. All you had to do was send the H crest into the coke promotion company by a certain date...this competition was being run in New Zealand and Australia...same competition...same prize...same winning seals etc...how lucky was I??? I quickly sent in the token....and was relieved to receive a call from them saying that they had received my H crest seal and would get back to me with details of the prize. We were so excited...and my step daughter who has never been on a plane started to organise her passport etc.
A week after the competition ended...I received a call from Coke...they said we had been disqualified. They told me that the H crest seal was NOT from their competition...they had secret markings...and mine indicated that it came from a bottle in NZ. The competition in NZ ended at the same time...we were too late to claim the correct prize. My heart sank...I said out loud...how am I going to tell the kids??? The coke promotion company explained that they could understand how we felt...and they offered us a consolation prize. By this time my disappointment had turned to bitterness...and I sat there with this scowl thinking 'oh great...movie tickets...what we always wanted'. The lady then said 'no...we would like to offer you the Harry Potter DVD movie...u will be one of the first in Australia to receive one'....I sniggered...as I thought about all the pirated copies being sold at the local markets. She then said...'plus, we'd like to offer you a Sony DVD player'...I thought...'cool'....'plus...a Sony Television'... by this time I was beginning to smile...'plus a small portable fridge (yes fridge)...full of coke and Harry Potter chocolates...plus...all the Harry Potter books'.
I was very pleased with the consolation prize...and so are the kids...and yet coke didn't stuff up..."I DID"!!
Just a little story about ethics.
Beck
ps..I must mention that during the conversation I had with the coke lady...she reinforced these words "DO YOU ACCEPT OUR OFFER"...she said it more then twice...which suggests to me that they were recording the conversation. They were protecting themselves in case I wanted to change my mind and sue their sorry asses But I didnt...the trip would be over now...but I still have my DVD, TV, Fridge and books! (but no movie passes)