01 May Questionweek 7Alonzo Marchetti, who owned a construction company, prom
Question
week 7
Alonzo Marchetti, who owned a construction company, promised his son, Romo, that if Romo would manage the family business for their mutual benefit and would take care of him for the rest of his life, he would leave the family home to Romo. Romo performed as requested – he managed the family business and took care of his father until the father died three years later. When the father died, his will devised the family home to his daughter, Lucia Shipman. Romo brought this action to enforce his father’s promise that the home would be given to Romo. The daughter argued that the will should be upheld. What defense will Lucia use? Who will succeed? Did the son and daughter act ethically towards each other? (Post is due before 11 PM Thursday.)8 points
2
Carlson Mamet interviewed for a position with KAC, Inc. During the interviews, Mamet questioned the permanency of the job and was told that “as long as employees do a commendable job, they have no fear of being laid off” and “employees are never laid off unless there is due cause.” In March of 2004, Mamet signed a one-page employment agreement with KAC. The first paragraph provided that KAC would employ Mamet “for a length of time determined by the will of KAC and Mamet.” In June 2008, KAC began terminating many employees. On March 8, 2009, Mamet was told he was terminated as part of the staff reduction. By June 2010, KAC had laid off about 9,000 employees. Mamet sued KAC for breach of the agreement to provide permanent employment to him. Will Mamet succeed in proving that KAC breached their agreement with him? (Post is due before 11 PM Friday.) 7 points
wek 8
Devon Smith owned an apartment building located on West 23rd Street in New York City. Smith contracted with Renew Discount Security, Inc., to install security locks on the front door of the building. On July 17, 1996, when Laura Eichner was visiting her fiancé at the building, she was accosted on the second-floor landing, dragged to her fiancé’s apartment, and raped. Eichner sued Renew for breach of contract, alleging that the front door lock to the building was improperly installed and could be opened by a firm push, even when the door was locked. Can Eichner sue Renew for breach of contract? What theory will she argue? Will she succeed? (Post is due before 11 PM Thursday.)
2
Thompson entered into a contract with Barnes and Tilman for the delivery of one thousand bales of hay on the first day of each month for a period of twenty-four months, payment to be made in thirty days after delivery. Within ten months after the making of the contract, Barnes and Tilman retired from business and transferred all assets, including this contract, to Hollister. Thompson, on the first day of the following month, refused to deliver to Hollister the usual one thousand bales of hay. The price of hay was then higher than the contract price, and Hollister sued Thompson. Can he recover? (Post is due before 11 PM Friday.)
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