contracts to work with Jimmy for three-years. After Joanna starts work, Jimmy
fires her without cause. Joanna sues Jimmy for breach of contract. Is Joanna
likely to recover under the contract? Is there some other legal theory that
might support a legal recovery?
Steven enters into a
contract with Mandy. The contract is for Mandy to repair Steven’s car for $600.
What are Mandy’s rights and duties? What are Steven’s rights and duties? If the
contract expressly prohibits any assignment, can Mandy assign his right to
1. Johnny sells his car to Tammy for $700. Johnny works as a
construction worker. Johnny notifies Tammy that he has the goods at the buyer’s
disposition, and that Tammy is free to pick them up at any time. While Tammy is
on her way, the car is stolen with no fault at Johnny. Who bears the risk of
loss? Assume the contract is silent on who bears the risk of loss.
1. The Soda Company manufactures bottles to contain carbonated
beverages. They have invested millions of dollars to provide the most
state-of-the-art bottling facility the world has ever seen. And their QA
process is unmatched. The Soda Company takes every precaution to ensure that
it’s bottles are of the highest quality. One day Cody buys a bottle of soda
with a bottle manufactured by the Soda Company. The bottle was not
substantially changed from the time of manufacture to the purchase. As soon as
Cody opens the bottle, it explodes in his hand causing lacerations. Cody sues
for negligence. Will he recover? Be sure to list and apply the elements of
negligence to this case.
1. Same facts as #4 except that Cody sues under a strict product
liability theory. Will Cody recover under strict product liability? Be sure to
list and apply the elements of strict product liability to this case.