Answer the questions following the fact patterns using theIRAC format: 1) Daisy and Rachel enter into an
Question:
Answer the questions following the fact patterns using theIRAC format:
1) Daisy and Rachel enter into an oral contract, "I, Rachel, will purchase from Daisy 10000 widgets at $ 0.10/each by Wednesday the 8th of April". On Tuesday the 7th of April Daisy delivered and Rachel paid for 1/2 of the widgets ordered.On April the 8th Daisy failed to deliver the other half. Rachel sued Daisy arguing the Statute of Frauds. Is Rachel's argument correct? Explain.
2) Carlos and Wendy have been married for 5 years. Wendy has an affair with Mary after which Wendy and Carlos enter into this oral agreement, "If Wendy has another affair with a woman then I, Carlos, will file for divorce to which Wendy will agree. As a result of the divorce Wendy will agree to give me 75% of the value of our estate at that time."Shortly there after Wendy has an affair with Justin(e), a transgender female who has not had a sex change. Carlos files for divorce to which Wendy does not object. When Carlos requests 75% of the value of their estate Wendy argues that he may only receive half.What is Wendy's best argument? Will that argument win?
3) Hannah has had her daughter, Beatriz, in "beauty pageants" since Beatriz was 5 years old. Beatriz has won many. At age 18 she is enters into a pageant that provides for college tuition at any university the winner might choose. The pageant is in 2 weeks. The dress that Beatriz and her mother would like costs $7000. Beatriz and her seamstress, Rowena, validly agree that she will make the dress for Beatriz for $5000. Rowena also gets Hannah's verbal promise that if Beatriz stops payments, she, Hannah will make the payments until the debt is paid in full. The dress is sewn. Beatriz has stopped making payments. Rowena sues Hannah. Will Rowena win? Explain.
4) Thor has decided that he will run in the "Viking Marathon" that is 18 months away. He contacts Loki and they speak this agreement, "I, Loki, do promise to provide 6 equally spaced training sessions, the last to be 1 week before the Marathon, to Thor. Thor will pay $333/session." Just before the first session Thor angers Loki. Loki informs him that he will not train him. Loki and Thor now stand before Odin. Knowing that Odin is well versed in the Statute of Frauds, Loki argues that because the agreement was oral it can not be held valid. Will Odin find his argument just? Explain.
5) Emiko is interested in purchasing the mobile home that Yanshiro presently owns. Yanshiro has told Emiko that he plans to remove the tires from the mobile home, place it on and attach it to a cement foundation, and have it connected to a local sewer line. Emiko tells him that his plan is acceptable to her.When the work is done she will pay him. Yanshiro agrees. Yanshiro does follow through with his plan. When Emiko comes to payfor the now stationary home Yanshiro refuses to accept the money. He argues their oral agreement was not valid. Is he correct? Explain.