1. Clarkson and Lee did not have a contract, but Clarkson completed extensive landscaping in Lee’s yard by mistake while Lee was away on vacation. Clarkson sent Lee a bill for the landscaping service but Lee refused to pay.
Determine the likely result if Clark sues Lee to recover the costs of the landscaping.
2. Racer contracted in writing to drive Owner’s one-of-a-kind, specially designed championship race car in the Miami 500 Race on July 15 for a fee of $2500. On July 1, the race car was destroyed in an accidental fire in a storage warehouse where the race car was being stored prior to the race. Owner owns no other race cars, so Owner considered the contract discharged. Racer claimed that she is still entitled to the $2500 fee because she and Owner had a valid enforceable contract.
Compare and contrast the rights and obligations of Racer and Owner under the contract as of July 1.
3. There are extensive federal regulations governing airplanes and pilots. Assume that the state of New York passed a statute containing numerous requirements, some conflicting with federal regulations, covering operation of airplanes and licensing of airplane pilots.
If the New York state statute is challenged as being unconstitutional, what is the likely result? Describe the applicable law and rationale for your conclusion.
4. Fran, Joe, and Mike formed a general partnership to operate a flower shop called Fresher Flowers. One of Fran’s jobs is to make deliveries using the partnership truck. In one such delivery, Fran negligently ran a stop sign, striking a car driven by Peggy, causing damage to the car and injury to Peggy.
Analyze and describe (1) the personal liability of Fran, Joe, and Mike, (2) the liability of the partnership, Fresher Flowers.
5. Mountain View Mall hired Nigel to act as Santa Claus in the mall. After a tough work day, Nigel stopped in a bar in the mall and drank 6 beers. Driving home, still wearing his Santa suit, Nigel hit a Marty, a pedestrian and severely injured her, when Marty darted between 2 parked cars in the middle of a block and ran in front of Nigel’s car.
Analyze and explain all potential liabilities of Mountain View Mall and Nigel for the pedestrian’s injuries.
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The likely result if Clark sues Lee to recover the costs of the landscaping is that he would lose because he would not be able to prove that Lee broke a contract since none existed between the two parties. There are four key elements that a plaintiff has to prove in order to win. They include:
(a) The existence of a valid contract – Clark would have to show that a valid contract existed between him and Lee. In this case, Clark performed the work on Lee’s property without an enforceable contract so he can’t prove there was a contract
(b) Performance – he would have to prove that he completed his obligation under the contract, but he cannot do this since there was never a contract to begin with
(c) Breach – he would have to prove that Lee did not do what he had promised to do, but he can’t prove it because Lee never promised anything
(d) Damages – he would have to prove that he suffered economic damages as a result of Lee’s refusal to pay...