Plumduff is a folk band that performs sea shanties and Celtic folk songs. In January 2022, Plumduff entered into an oral contract with Donniegale, an Irish-style nautical themed pub, to perform in February 2023 for a total of ten nights (five nights in each of two weeks) at Donniegale for $2,000 each night, paid by check at the end of each week. The first night went well as the pub crowd was very happy with the performance. The next night, the pub was packed. Donniegale is a large pub that could accommodate nearly 400 customers. On nights with entertainment, Donniegale earned a cover charge as well as the food and beverage income stream. On the third night, the pub was full to capacity with a line halfway around the block. At the last minute before Plumduff’s performance was scheduled to start, Plumduff’s lead singer demanded an extra $1,000 for each remaining night (7 nights). The crowd was getting restless and chanting the band’s name. Donniegale’s manager agreed to pay the extra $1,000 per remaining night and signed a memo promising to do so. The manager had authority to enter into and modify contracts for the pub. At the end of the first week, Donniegale’s manager gave Plumduff a check for $10,000 (the amount in the original contract) and refused to pay the extra $3,000 agreed to in the memo. Plumduff refuses to perform the second week and sues Donniegale. Discuss.
A patient owed a physician $25,000 for professional services…
A patient owed a physician $25,000 for professional services. The physician orally assigned this claim to her adult daughter as a wedding gift. Shortly thereafter, the physician suffered substantial losses in the stock market, and assigned by a signed writing the same claim to her stockbroker in partial satisfaction of previous financial advances legally made by the broker to the physician in the physician’s previous stock-market transactions. Without knowledge of either assignment, the patient subsequently paid the physician the $25,000 then due, which the physician promptly lost at a horse track, although she remains solvent. Assuming that Article 9 of the UCC does not apply to either of the assignments in this situation, which of the following is a correct statement of the parties’ rights and liabilities?
A homeowner owed a contractor $1,400 for work that the contr…
A homeowner owed a contractor $1,400 for work that the contractor did on her home. Pursuant to the contract between the parties, the $1,400 was due on September 1. After the homeowner told the contractor that she probably would not be able to pay the $1,400 on September 1, the contractor agreed to extinguish the debt if the homeowner, who was the manager of an appliance store, purchased a washer and dryer that the contractor’s mother wanted and had it delivered to the mother’s home and set up by September 15. Because the homeowner’s manager discount would allow her to pay only $1,000 for the washer and dryer, which had a list price of $1,200, she agreed and the parties signed a writing to that effect on August 26. Is the new agreement between the homeowner and the contractor legally enforceable?
A fugitive was wanted for murder. The authorities offered th…
A fugitive was wanted for murder. The authorities offered the following reward: “$20,000 to anyone who provides information leading to the arrest and conviction of this fugitive.” A private detective knew of the reward, located the fugitive, and brought him to the authorities, who arrested him. The authorities then determined that while the fugitive had, in fact, committed the crime, he had been directed to commit the crime by his boss. The authorities and the fugitive then agreed that in exchange for the fugitive’s testimony against his boss, all charges against the fugitive would be dropped. The fugitive testified and was released. The authorities refused to pay the reward to the private detective on the ground that the fugitive was never convicted. Would the private detective be likely to prevail in a breach of contract action against the authorities?
On March 1, an excavator entered into a contract with a cont…
On March 1, an excavator entered into a contract with a contractor to perform excavation work on a large project. The contract expressly required that the excavator begin work on June 1 to enable other subcontractors to install utilities. On May 15, the excavator requested a 30-day delay in the start date for the excavation work because he was seriously behind schedule on another project. When the contractor refused to grant the delay, the excavator stated that he would try to begin the work for the contractor on June 1. Does the contractor have valid legal grounds to cancel the contract with the excavator and hire a replacement?
A ski-shop operator, in a telephone conversation with a glov…
A ski-shop operator, in a telephone conversation with a glove manufacturer, ordered 12 pairs of ski gloves at the manufacturer’s list price of $600 per dozen for delivery in 30 days. The manufacturer orally accepted the offer, and immediately e-mailed the operator this signed memo: “Confirming our agreement today for your purchase of one dozen pairs of ski gloves for $600, shipment in 30 days.” Although the operator received and read the manufacturer’s message within minutes after its dispatch, she changed her mind three weeks later about the purchase and rejected the conforming shipment when it timely arrived. On learning of the rejection, does the manufacturer have a cause of action against the operator for breach of contract?
On June 1, a seller agreed, in a writing signed by both the…
On June 1, a seller agreed, in a writing signed by both the seller and the buyer, to sell an antique car to a buyer for $20,000. The car was at the time on display in a museum in a different city and was to be delivered to the buyer on August 1. On July 15, before the risk of loss had passed to the buyer, the car was destroyed by fire without fault of either party. Subsequent to the contract but before the fire, the car had increased in value to $30,000. The seller sued the buyer for the contract price of $20,000, and the buyer counterclaimed for $30,000. Which of the following will the court conclude?
A father and a mother had been married for 30 years and had…
A father and a mother had been married for 30 years and had one adult son. The father and the mother agreed that each would make a will leaving his or her entire estate to the other, and when the surviving spouse died, the surviving spouse’s entire estate, including any inheritance received from the predeceased spouse, would be left to their son. The father, the mother, and the son visited a lawyer, who prepared wills for the father and the mother that carried out their testamentary intentions. The lawyer also prepared an agreement, which was signed by the father and the mother, in which each promised not to change the testamentary disposition benefiting the son. The son, who was present during the execution of the documents, was asked by the mother and the father if he agreed to the estate plan. He replied that he did. Shortly thereafter, the mother died. After collecting his distribution of the estate, the father moved in with his high school sweetheart. The father then made a new will, which was in effect at his death, leaving his entire estate to the sweetheart. If the son sues the father’s estate, what will he recover?
Which of the following describes the marginal product of lab…
Which of the following describes the marginal product of labor?
Mike hires Matt to replace the shingles on the roof of her h…
Mike hires Matt to replace the shingles on the roof of her house. When Matt has completed 90% of the work, the house is hit by a hurricane and is destroyed. Matt will be able to recover for the work done in quasi-contract.