Imagine not being able to form new memories. This is the reality of patients with anterograde amnesia face. Although this form of amnesia is rare, it can result from severe….
In a lawsuit by Larry against Paula for breach of contract, judgment for whom? Fully explain.
I. Larry, a lumber merchant, had 300 large pine wood flooring boards in his Brooklyn warehouse, which Bob, a house builder inspected. On May 1, Bob entered into a written and signed contract with Larry to purchase 300 boards for $3,500, delivery to be made to Bob’s construction site on May 5. On the preceding evening of May 4, just prior to the scheduled delivery date, lightning ignited a fire which destroyed Larry’s lumber yard and all its contents. Bob insisted that because Larry is a lumber merchant, he must secure the lumber elsewhere and perform his contract with Bob. Larry fails to deliver the floor boards. Bob sues Larry for damages for breach of contract. Judgment for whom? Explain fully.
II. John is a nurse at Columbia Presbyterian Hospital. He works long hours caring for patients on the Covid-19 ward and, by all accounts, has been doing an excellent job. However, a few patients and their families have expressed concern to John’s supervisor about the fact that he is a male nurse on the Covid-19 ward. They believe that women are generally more nurturing and empathetic, and they argue that during this stressful time, the Covid-19 ward should only have female nurses. In an effort to compromise, and be sympathetic to the patients and their families, the hospital moves John to an area of the hospital that does not have Covid-19 patients. Rosa, a female nurse is hired to work on the Covid-19 ward instead of John. John’s salary, hours and benefits remain the same in his new position as they had been in the Covid-19 ward. However, John found working with Covid-19 patients meaningful and is quite upset by the transfer and sues the hospital for discrimination.
Judgment for whom? Fully explain. (15 credits)
III. On June 15, Valerie entered into a written and signed agreement with Justin. Justin agreed to replace the cesspool behind Valerie’s home for the sum of $20,000 and to complete the work on or before July 1 so that Valerie could host the July 4th holiday barbecue comfortably in in her backyard. Before entering into the agreement, Justin tested the soil and area around the existing cesspool to satisfy himself as to the character of the ground beneath the surface and also so to produce a correct estimate of costs.
Justin commenced work on June 25, and he expected the job to be completed in only a couple of days. But after only two hours of excavation work to remove the existing cesspool, Justin encountered problems with the ground around the cesspool. The ground proved significantly more challenging to remove. That evening, Justin removed his equipment and advised Valerie that the project couldn’t continue at their agreed price of
$20,000. He now needed more employees and equipment than originally planned to meet the July 1 deadline.
Fearing that her barbecue plans might be ruined and that she wouldn’t find an alternate contractor on such short notice, Valerie told Justin that she would pay an extra $5,000 only if he could get the work completed on time. Justin agreed and completed the work on July 1 as originally planned.
A)Upon completion of the work, Justin presented Valerie with an invoice for $25,000. Valerie refused to pay it, insisting that she had never become obligated to pay the extra $5,000, and demanded that Justin accept $20,000, originally contracted. Justin brought an action to recover $25,000 based on an alleged breach of contract by Valerie. What verdict? Fully explain. (10 credits)
B) Assume instead: that Justin wrote an email to Valerie to memorialize her promise to pay the extra $5,000. What result? Fully explain. (10 credits)
C) Assuming instead: that Valerie, upon receiving Justin’s invoice, sent him a check for $22,500; and that she enclosed a separate note that stated “Let’s split the difference – payment in full attached”; and that Justin endorsed and deposited the check without further notation on the check. After depositing the check, Justin sues Valerie for the $2,500 balance. What result? Fully explain. (10 credits)
legal position with a top NYC law firm. She thus, decides to start her own law practice. On January 15th, she entered into several agreements:
Paula, a recent law school graduate with a GPA of 3.8 cannot find an appropriate
(1) A written lease with Larry to rent the lower floor of his brownstone on the Upper West Side for one year beginning the following April 1st.
(2)An Employment agreement with Sara wherein Sara will become the secretary/office manager of Paula’s new firm for a one-year period starting on April 1st. Sara immediately accepted Paula’s telephone offer. Since Sara and Paula had been friends since their high school days, Sara felt comfortable accepting Paula’s word.
(3) A loan agreement with the Signature Bank wherein Paula borrowed $50,000 at a legal interest rate. Since Alma, Paula’s mother, was a client of the Signature
Bank, the Bank orally agreed to accept Alma as the guarantor of its loan to Paula in the event Paula does not pay.
By March 2nd, a new strain of a virus appeared in a northern suburb of New York City. Within the month, a large number of cases had spread into New York City and the outlying suburbs. For the protection of the public, the governor of New York State, on March 15th, issued lock-down orders of limited duration. In light of the health concerns, Paula does not wish to continue with her law firm plans and informs Larry, Sara and the Signature Bank that she will not proceed with any of the contracts.
(a) In a lawsuit by Larry against Paula for breach of contract, judgment for whom? Fully explain. (15 credits)
(b) In a lawsuit by Sally against Paula for breach of contract, judgment for whom? Fully explain. (15 credits)
(c) In a lawsuit by the Signature Bank against Alma, judgment for whom? Explain Fully. (10 credits)