Question
Amanda is a plumber. She is often asked to fix kitchen leaks. When she goes to someones home, she cannot provide a firm price for
Amanda is a plumber. She is often asked to fix kitchen leaks. When she goes to someones home, she cannot provide a firm price for her services to fix the problem, because she first must ascertain what the problem is. She bills the client after she diagnoses and fixes the problem. One day, Danny had a leak in his kitchen. He called Amanda to fix the problem. Amanda attempted to fix the leak in Dannys kitchen, but as she was looking around she realized that the job required better tools and more workers. She told Danny she would come back in a few hours. Danny refused, and told her he wasnt going to pay her, because there was no firm price between them and hence no contract.
If Amanda sues Danny in court, what legal principle should she rely on?
A. | Quantum Meruit. | |
B. | Adequacy of Consideration. | |
C. | Breach of contract. | |
D. | Promissory Estoppel. |
2. April and Ann are residents of the Kunduri Kingdom. The Kunduri Kingdom is a parliamentary constitutional monarchy reigned over by King Dutt The First. Its legislators are quite lazy and not one statute has been passed. As a result, the Kunduri Kingdom operates on the basis of strict common law - that is, judge made concepts and principles through holdings in cases.
April and Ann walk into a bar. April ordered a bottle of ginger beer for Ann. After consuming some of it, Ann discovered part of a decomposed snail at the bottom of her bottle. Ann became very ill as a result of drinking the contaminated beverage. Ann plans on suing based on contract and asks you for legal advice. What do you say?
A. | Ann is unable to sue the bar and the manufacturer in contract because she lacks privity. She may be able to sue in negligence because the manufacturer owed Ann a duty of care under the reasonable foreseeability test. | |
B. | Ann is unable to sue in contract because she lacks privity and she is unable to sue in tort because neither the bar nor the manufacturer owe her a duty of care. She must hope parliament passes a consumer protection statute. | |
C. | Ann is able to sue in contract because she has privity of contract with the bar. She has no privity with the ginger beer manufacturer and cannot sue in negligence because neither the manufacturer nor the bar owed her a duty of care. | |
D. | Ann is able to sue in contract although she lacks privity with both the bar and the manufacturer under the Kunduri Kingdoms consumer protection statutes. |
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