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QUESTION 4 Owner wants to turn her warehouse into a restaurant. She decides to install an innovative solar heating system, which Contractor agrees to install at a cost of $50,000. Contractor's son ("Son") wants to use two parking spaces in the warehouse parking lot for his (Son's) business. If Owner agrees to designate two parking spaces for Son's use for five years, Contractor will drop the price to $35,000. On November 13", the parties agree to the latter arrangement in a valid written contract in which Contractor promises to start the job on November 17" and to complete it by January 1". The contract includes a recital stating, "Timely performance by Contractor is important to avoid any delay in the opening of Owner's restaurant." State law requires that all installations of the new solar systems be done by a certified solar technician. On November 15", the only certified technician who works for Contractor, Tech, is injured in a car accident. Contractor immediately notifies Owner and advises her that the start of the work will be delayed because of Tech's accident. Owner replies, "You know that on-time performance is crucial. Yesterday, the city announced special tax breaks for businesses that open by the end of the year. Can you still finish by then?" Contractor says, "I don't know when we can start. It depends on how quickly Tech recovers." Owner tells Contractor that she is terminating the contract. Owner finds an alternative supplier of a similar system at a cost of $60,000, but he can't start work immediately and the restaurant opens in February of the following year. Owner misses the deadline for the city tax break. Owner sues Contractor for breach of contract. Son sues Owner for breach of contract, seeking damages for Owner's failure to provide the two parking spaces. 1. Can Owner prevail in her lawsuit against Contractor? Discuss. 2. If so, can Owner recover a. The $10,000 in increased costs for the heating system? Discuss. b. The lost profits for the delay in opening the restaurant? Discuss. c. The value of the tax reduction? Discuss. 3. Can Son prevail in his lawsuit against Owner? Discuss.Question 3 David drives a parcel delivery van. On Monday, while delivering packages in a residential neighborhood, David struck and badly damaged a parked car owned by Able. At the time of the collision, David was driving 30 mph. The posted speed limit for the street is 25 mph, but residents customarily drive at 30 mph. On Tuesday, David left a package for Baker on the front step outside of her house. He placed the package just in front of the doorway, and when Baker walked out of her house later in the day, she tripped over the package, breaking her hip. On Wednesday, while returning to his van following a delivery, David stopped to chat with Carl, who was sitting in his car and about to back out of his driveway. When they finished speaking, Carl began to back out of the driveway. At that moment, David saw a car speeding down the street towards Carl. David considered warning Carl of the approaching car, but since David was in a hurry, he decided not to go back and tell him. As Carl backed out of his driveway, he was struck by the speeding motorist and was seriously injured. Able, Baker, and Carl have all filed lawsuits against David. What is David's liability to each of them? Discuss.QUESTION 1 Al and Beth were sitting in Al's apartment, playing video games and drinking beer. After finishing the last beer, Al said to Beth, "I need another beer. Can you lend me some money and drive me to the store?" Beth responded, "I can drive you to the store, but I don't have any money." Al laughed and said, "I have an idea for how to get some beer without paying for it. Drive me to the store and park behind it near the emergency exit." Beth drove Al to the Friendly Market and waited in the car near the emergency exit. Al entered the store, picked up a six-pack of beer, and began walking toward the emergency exit. Carla, a security guard, was watching Al. As Al approached the exit, Carla shouted, "Stop, thief!" Al put the beer on the floor and ran out through the emergency exit. For a few seconds, Carla considered what to do. Then she ran after Al. In the alley behind the store, she shouted, "Stop or I'll shoot!" When Al did not stop, Carla fired a warning shot. When Al kept running, Carla took careful aim, shot, and missed. As Al was about to run around a corner, Carla paused, took careful aim, shot again, and killed him. 1. Can it be reasonably argued that Beth is guilty of a. Theft? Discuss. b. Robbery? Discuss. c. Murder? Discuss. 2. Can it be reasonably argued that Carla is guilty of murder and, if so, what defense(s) can she raise? Discuss.QUESTION 3 Barry is a licensed barber. Recently, he has considered changing from the straight razor that he has always used to a new type of electric razor. The primary advantage of the new razor is that it totally eliminates the possibility of the customer being cut in the process of getting a shave. In general, barbers prefer the tradition of using the straight razor to the electric razor because it allows them to better show off their skills as a barber. Although not all agree, some believe that the straight razor gives a closer shave. The new razors have, however, been scientifically established to provide just as close a shave as the straight razor. Barry continues to shave men as he always has because he enjoys the use of the blade, and because the electric razor is expensive. He is also concerned about the reliability of these new devices under the heavy use they would receive in a barbershop. Moe comes into Barry's shop to get a shave. Halfway through the shave, Moe suddenly jumps up from the chair, cheering because he checked his smartphone and saw his favorite baseball team score a run. In the process, Barry's razor creates a fairly deep gash on Moe's throat. Moe punches Barry, giving him a black eye. 1. Is Moe likely to prevail on a negligence claim against Barry? Discuss. 2. Is Barry likely to prevail on an intentional tort claim against Moe? Discuss.Caroline was employed as a receptionist for ABC Corporation. Her desk was located at the entrance of the corporate office and her duties were to greet customers, answer telephone calls, sort mail, and respond to general requests for information about ABC. One day, while all of the managers of ABC were out of the office, a representative of XYZ Insurance Co. stopped by to solicit ABC as a new client. He told Caroline that he wanted to find out whether ABC might be interested in canceling its present employee health insurance plan and adopting a plan provided by XYZ. Although Caroline explained that none of the ABC managers were in the office, the XYZ representative nevertheless described his company's health insurance plan in detail. When Caroline reacted by stating that XYZ's plan sounded better than the current ABC plan, the XYZ representative immediately produced a contract for Caroline to sign. Reluctantly, Caroline signed the contract accepting the offer to adopt XYZ's insurance plan. If XYZ seeks to enforce the contract against ABC, is ABC bound to the contract