• January 4th, 2017

Jana leaves her truck’s motor running while she enters

Paper , Order, or Assignment Requirements

1a) Jana leaves her truck’s motor running while she enters a kwik-pik Store. The trucks’ transmission engages, and the vehicle crashes into a gas pump, starting a fire that spreads to a warehouse on the next block. The warehouse collapses, causing the billboard to fall and injure Lou, a bystander. If Lou were to file a lawsuit, who would he sue and why? What elements would Jana argue in her defense? Explain your answer.

b) Frank offered to paint David’s home for $1000.00. David responded that he would pay frank $850.00. Frank responded to the offer of $850.00, with an offer of $900.00. David agreed. Frank began painting the next day. Frank completed half of David’s home and decided not to complete the rest. David was irate and told Frank that he would not pay Frank anything for the work he did complete. David was forced to hire jane to complete the job. David paid jane $500.00 to complete the job. Frank subsequently sued David to recover $450.00 (because he complete half of the job). Discuss the elements of the contract here, as well as whether Frank should be paid for any of his work, and why or why not?.

c) Stella bought a cup of coffee at the Roasted Ben Drive-Thru. The coffee had been heated to 190 degrees and consequently had dissolved the inside of the cup. When Stella lifted the lid, the cup collapsed, spilling the contents on her lap. To recover for third-degree burns on her thighs, Stella filed a suit against the Roasted Bean. Can Stella recover for breach of the implied warranty of merchantability? Why or why not? Discuss in detail.

2a) Waldo makes out a negotiable promissory note payable to the order of Grace. Grace indorses the note by writing on it, “Without recourse, Grace,” and transfers the note for value to Adam. Adam, in need of a cash, negotiates the note to Keith by indorsing it wit words, “Pay to Keith, Adam.” On due date, Keith presents the note to Waldo for payment, only to learn that Waldo has filed for bankruptcy and will have all debts (including the note) discharged. Discuss fully whether Keith can hold Waldo, Grace, or Adam liable on the note.

2b) Aaron is a partner of an accounting firm called, “Til Debt Do Us Part.” Aaron has several associates that work for him, including Rose. Rose is in charge of making sure the office has adequate office supplies and is paid on a weekly basis. One day the office runs out of a printer ink. Aaron calls Rose into his office and tells her to buy the “run of the mill printer ink” from the supply store across town. Just as Aaron told her this, Aaron received a phone call from a family member telling him that his mother was on her death bed. As Aaron scurried out of the office, he said to Rose, “make sure you get that ink.”

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