Frankie a house painter agrees to paint the outside of carol's house light green with dark green trim Because of a clerical error he mixes up carols order with that of day care center and paints carols house in a bright and cheerful rainbow motif.
If Frankie offers to refund 50% of the cost of the contract price to carol in exchange for a signed release and if carol agrees will the contract be discharged explain why. What is carol's consideration for signing the release If carol signs the release but decides she cant live with the paint job several days later can she sue Frankie? Why? If Carol refuses to sign the release what legal remedies does she have?During a business lunch, Lynn and sue discuss a merger of their two companies over several cocktails After protracted negotiations they agree to a contract for the merger and write the basic agreement which they both sign On the way home Sue gets into an automo accident and a Breatalyzer test shows she was driving while intoxicated. A week later she wants to get out of the merger agreement and contacts you her attornery for advice. Under what theory can you try to have the contract invalidated Will you definitely succeed? Why?
What type of evidence would you like to have available for trail. ?
7. Gregory a comedy writer entered into a contract with wessel a comedian. The contract provided that Gregory would provide Wessel with a 15 minute monologue for his upcoming appearance on Comedy Hour that Wessel would pay Gregory $250 All performers on comedy hour make $500 per appearance. Gregory knows the last time Wessel appeared on comedy Hour he was asked to make special guest appearance at three local comedy clubs using the same monologue He earned total of $ 750 for the three performances Shortly before Wessel was schedule to appear on Comedy Hour Gregory informed him that she was unable to provide the monologue As a result Wessel was forced to cancel his appearance Wessel sued Gregory for breach of contract and requested damages of $1,250 What will result
8. Because of misconduct Lopez and other students were suspended for period of up to ten days. A state statute authorized the principal to suspend a student for period of up to ten days without a hearing. Lopez and others brought a suit. They claimed that statute was unconstitutional because it deprived them of due process by not giving them notice unconstitutional ?
9. Cyril made two contracts the first was to have his house painted one month from the date of the written contract. The second was for him to buy his neighbor's car. Each contract was clear and definite. Cyril asked the house painter when he would begin the work. The painter explained that he was very busy and was not sure if he could fulfill the contract o time. Cyril flew into a rage and immediately hired someone else who painted at a higher orice. Cyril then sued the painter Claiming that there was anticipatory repudiation of the contract.
10. The neighbor after signing the contract decided that she didn't want to sell her car and refused to complete the transaction. Cyril attempted to purchase a similar car elsewhere but the car was a vintage automobile which was not available on the open market. Cyril sued the neighbor for specific performance Discuss the probable outcomes with explanations of the applicable law.
11. Bart was a self made millionaire who had eaned his fortune by dedicated hard work. He worked so hard he never had a social life. Then he met Linda and fell in love. Bart proposed to Linda but she said she needed to make such an important decision. He called her and promised her 100,000 if she would say yes. She than accepted his proposal.
Bart contracted with Quick Builder for the construction of a home Bart intended to move into with Linda after their marriage. Construction did not proceed quickly because Quick did not pay the subcontractors the amount they were owed. They, therefore did not complete their work. To expedite matters Bart called the subcontractor and assured them he would pay them any amount that Quick Builder did not pay if they would complete the work.
Bart and Linda married and the subcontractor finished the work. Quick Builders did not pay them in full. Bart failed to pay Linda $100,000 both Linda and the subcontractors sued Bart. Discuss the probable outcome, and explain why you are making the decisions.