A. On December 31, William, the full-time manager at Napa Wine Inc., arrived at work to find that the store's refrigerator was broken. He immediately called Moe's Refrigerator Repair Co, a service he had used many times before, and asked Moe to come to the store. Moe arrived twenty minutes later and indicated to William that he could make the repair immediately and that it would take 3 hours and cost $3,000. Moe asked William to get Jake's permission before Moe would start the work. William said that Jake was on vacation in St. Lucia and unreachable but that since it was New Year's Eve and it was vital to Jake's business to be able to sell cold Champagne, he was able to agree to Moe's offer himself. Moe then performed the work and sent Jake a bill. When Jake returned from vacation, he refused to pay Moe's bill. Moe sues Jake for breach of contract. At the trial Jake showed a memo that he had written to William indicating that William was not authorized to negotiate repair work for more than $250. In the trial for breach of contract, judgment for whom? Explain if Moe will win using IRAC. B. On April 25th, Celeste, Williams' replacement at Napa Wine Inc. negligently dropped a case of wine on the toes of Seymour, a customer. Seymour then asked his lawyer to sue Napa Wine Inc. (as the employer of Celeste and the responsible party) to recover for the damages arising from his injury. Napa Wine Inc. does not want to pay for their worker's actions so they call you, and ask if you think they could argue that Celeste is an Independent Contractor and therefore there is no liability on their part. Explain to them the complexity of the issue using IRAC. A. On December 31, William, the full-time manager at Napa Wine Inc., arrived at work to find that the store's refrigerator was broken. He immediately called Moe's Refrigerator Repair Co, a service he had used many times before, and asked Moe to come to the store. Moe arrived twenty minutes later and indicated to William that he could make the repair immediately and that it would take 3 hours and cost $3,000. Moe asked William to get Jake's permission before Moe would start the work. William said that Jake was on vacation in St. Lucia and unreachable but that since it was New Year's Eve and it was vital to Jake's business to be able to sell cold Champagne, he was able to agree to Moe's offer himself. Moe then performed the work and sent Jake a bill. When Jake returned from vacation, he refused to pay Moe's bill. Moe sues Jake for breach of contract. At the trial Jake showed a memo that he had written to William indicating that William was not authorized to negotiate repair work for more than $250. In the trial for breach of contract, judgment for whom? Explain if Moe will win using IRAC. B. On April 25th, Celeste, Williams' replacement at Napa Wine Inc. negligently dropped a case of wine on the toes of Seymour, a customer. Seymour then asked his lawyer to sue Napa Wine Inc. (as the employer of Celeste and the responsible party) to recover for the damages arising from his injury. Napa Wine Inc. does not want to pay for their worker's actions so they call you, and ask if you think they could argue that Celeste is an Independent Contractor and therefore there is no liability on their part. Explain to them the complexity of the issue using IRAC
