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Application Problem #1: Judy Olsen, Kristy Johnston, and their mother, Joyce Johnston, owned 78 acres of land on Eagle Creek in Montana. When Joyce died,
Application Problem #1: Judy Olsen, Kristy Johnston, and their mother, Joyce Johnston, owned 78 acres of land on Eagle Creek in Montana. When Joyce died, she left her interest in the property to Kristy. Kristy wrote to Judy, offering to buy Judy's share or to sell her own share to Jury. The letter said to "please respond to Bruce Townsend." In a letter to Kristy, not Bruce, Judy accepted Kristy's offer to sell her share. By that time, however, Kristy had made the same offer to sell her share to their brother Dave, and Dave had accepted. When Kristy told Judy that she was selling to Dave, Judy filed a breach of contract against Kristy, alleging they had a valid contract between the two of them. Write out the IRAC analysis for this problem, and using that IRAC process, predict the likely result of Judy's lawsuit against Kristy. (The relevant rule(s) for this case that you should apply will be the rule(s) about what's required for there to be a valid agreement between parties to a contract), Application Problem #2: Diana tells Edward she'll give him $2,000 if he sets fire to her home so she can collect under a fire insurance policy. Edward sets fire to the home and then asks for the money Diana'd promised. Diana refuses to pay. Edward sues Diana to recover the promised amount? Will he be able to recover? Your answer should be in the form of an IRAC outline that includes the Issue the court would have to decide, the Rule that would apply, the Application of that rule to the facts, and your predicted Conclusion. Application Problem #3: Alison receives a notice of property taxes due from a local tax collector. The notice is for tax on Jerry's property, but Alison believe it's for her property and she pays the bill. Can Alison later recover the amount she paid from Jerry? Why or why not. You don't need to do a full IRAC analysis for this problem. Just explain the contracts law concept that would allow Alison to recover from Jerry, and what the result would be given this concept/rules. Application Problem #4; Janine was hospitalized with severe abdominal pain and placed in an intensive care unit. Her doctor told the hospital personnel to order around-the-clock nursing care for Janine. At the hospital's request, a nursing services firm, Nursing Services Unlimited, provided two weeks of in-hospital care and after, Janine was sent home, and an additional two weeks of at home care. During the at home care period, Janine was fully aware that she was receiving the benefit of the nursing services. Nursing Services later billed Janine $4,000 for the nursing care, but Janine refused to pay on the ground that she had never agreed to a contract for those services, orally or in writing. In other words, there was never any express agreement between Janine and Nursing Services Unlimited. Nursing Services Unlimited sues Janine for the S4,000. Write out the IRAC analysis for this problem, and using that IRAC process, predict the likely result of Judy's lawsuit against Kristy. (Hint: To find the relevant rule(s) for this case, review the concept of Implied Contract in Chapter 10)
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