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Breach of Contract

Breach of Contract

#1 On May 17, 2014, Kim Morris turned 34 years old. On that day, Fred Morris, her uncle, agreed to give Kim $30,000 on her 35th birthday. On May 17, 2015, Fred failed to pay Kim the $30,000. Kim sues Fred for breach of contract. Does Kim prevail? Why or why not?

#2 Khaleesi Targaryen called the local PetCo to buy 300 bushels of dragon food at $10 a bushel. PetCo accepted over the phone. Before PetCo delivered the dragon food, one of Khaleesi’s dragons escaped and completely destroyed a part of town. So many people in the community complained to PetCo about selling to Khaleesi that PetCo decided not to deliver the dragon food. Can Khaleesi sue PetCo for breach of contract? Does PetCo have any defenses? Please explain your answer.

#3 Frida Melendez contracted Pablo to paint her house by the end of March 2015. Pablo DeLeon realizes that he booked too many jobs for the month of March, so he asked his friend Sparky Jones to do the job for him. Sparky Jones accepts and Pablo informs Frida that Sparky will be doing the job on Pablo’s behalf. Sparky finished painting Frida’s house on March 31, 2015 but he painted it the wrong color. Can Frida sue Spark for breach of contract? Can Frida sue Pablo for breach of contract? Please explain why.

#4 Karen Maxwell, a paralegal, had had enough with her co-worker, Rich Sleazebag! At this year’s holiday party, Rich came on to Karen by making suggestive comments and inappropriately touching her lower back and leg. Rich’s actions persisted for over an hour, despite Karen having very clearly rejected his multiple advances. Karen was so upset about what happened at the party that she decided she needed to teach Rich a lesson. On a Thursday afternoon, when everyone else had left the office, Karen handcuffed Rich to his office furniture so be couldn’t leave. Later that night Karen brought her boyfriend, Lin Diesel (Vin Diesel’s brother), to the office to give Rich a good talking to. Lin came into Rich’s office wearing a black ski mask. Not surprisingly Lin was very upset with Rich and told Rich: “if you ever hit on my girl again, I’ll bash your face in!” Three hours later, Karen throws Rich the keys to his handcuffs so that he can get out.
Rich was so distraught about what happened that night that on his way home he had a heart attack. Does Karen have any claims against Rich? If yes, what are they? Will she prevail? Does Rich have any claims against Karen and/or Lin? If yes, what are they? Will he prevail?

#5 Anthony Bruno, a college student, and Jenna Ravenda, a high school music teacher, were both in the cast of Grease! at a local community theatre. After the opening night performance, Anthony greeted a few of his friends that were in attendance at the show in the lobby of the theatre and told them that Jenna kissed one of the other cast members in the show, who happened to be a student at the high school Jenna teaches at. Under what theory of tort law may Jenna bring a suit against Anthony? Can she prevail? What could be Anthony’s most important defense?

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Category: Sample Questions