Question
1. Part 1 - Billy and Charlie agree to enter into a contract for the sale of all Billy's Star Trek memorabilia. Charlie agrees to
1. Part 1 - Billy and Charlie agree to enter into a contract for the sale of all Billy's Star Trek memorabilia. Charlie agrees to pay Billy $5,000 for the collection. The contract has a list of all the items which are subject to the sale. The contract states that the items are in "mint condition." The contract has a clause that contains all the terms and conditions between the parties and is a final and binding agreement. When Charlie receives the memorabilia, he is upset because some of the pieces are not in great condition. He wants his money back. Billy refuses. Charlie sues Billy for breach of contract. Billy counters by stating that he produced all the items as outlined in the contract. What are Charlie's arguments in setting aside the contract? In the alternative, what are Billy's arguments for the contract's enforceability? Discuss all issues with particular attention to the document interpretation issues.
Part 2 - Modifying the facts from above, Charlie and Billy later discuss the existence of a Kirk and Spock movie poster from the first film. Charlie really wants the poster. Although the original contract does not mention the poster, Charlie claims that Billy had orally agreed to include the poster as compensation for Charlie's claim that the other items were not in mint condition. Billy refused to give Charlie the poster. Can Charlie bring in evidence of the oral agreement for the film poster? Why or why not?
2.Yvonne and Quentin Marshall are the parents of a 13-year-old daughter, Stephanie, who has just been diagnosed with cancer. The only way to save her life is through a bone marrow transplant. Neither Yvonne nor Quentin is a viable donor. The only other possibility is if Stephanie had a sibling. Unfortunately, Stephanie is an only child. Yvonne will do anything to save her daughter's life. She and Quentin conceive a child who is born one year later. The child is healthy. Finally telling the doctor their plan, they have their child tested. The child is a match but is too young for any operation. The Marshalls wait until Sarah is three years old. The doctor is not sure whether the procedure is legal but agrees to do the transplant anyway. He signs a contract where he is pledged to secrecy. The doctor is on staff at Memorial Hospital and charges for not only his professional service but the use of the facility. A day before the transplant is to take place, the hospital where the procedure is to take place finds out. They immediately file a case in court to stop the procedure because it is illegal to use a young sibling to save the life of another sibling. The next day, there is a hearing. Your attorney wants to know whether the subject matter of the contract with the doctor is legal. With the hospital? Explain .
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