Assume that you are an attorney advising your client, Michael Hart, a commercial fisherman. He sends you a letter with four legal questions and asks for your advice. Read the below letter from Mr. Hart and then address a memo to Michael according to the instructions that follow.

Dec. 1, 2021

Dear Attorney:

I am writing seeking your advice regarding several business matters. Please send me a memo with your professional opinion.

As you know, I am a commercial fisherman and frequently enter into contracts to supply restaurants with fresh seafood.

On June 8th, 2021, I caught ten large tuna in the Atlantic Ocean. Upon arriving at my dock, I called Tony who owns a sushi restaurant to see if he wanted to buy some of the tuna. He immediately came down to the dock and inspected the ten whole tuna that I had on ice. He said that he preferred the look of the tunas numbered 1, 4, and 7 and agreed, via a written contract signed by both of us, to pay $1,000 for each tuna with delivery that night at his restaurant. I put the three fish in the back of my van and drove to the restaurant that night. Unfortunately, on the way, a truck negligently ran into my van and those three whole tunas were destroyed. Tony insisted that I deliver to him three other whole tunas from the batch that he inspected. I refused and he is now threatening to sue me for breach of contract. What can I argue in my defense?

On August 22nd, 2021, I entered into a signed and written contract with Brenda, the owner of a fancy seafood restaurant. In the contract, I agreed to deliver to Brenda 500 pounds of fresh Atlantic Ocean scallops on Friday, September 3rd for $8/pound. I planned as always to catch the scallops in my usual fishing grounds off Long Island Sound. Unfortunately, on August 25th, an oil tanker spilled hundreds of thousands of gallons of oil in Long Island Sound and almost all the scallops there died. I could have taken my boat up to Maine to try to catch the scallops there but the extra cost of the boat fuel and overtime pay for my crew would have cost more than the amount Brenda had agreed to pay me for the scallops. I, therefore, did not deliver any scallops to Brenda and she has now sued me for breach of contract. What can I argue in my defense?

Lastly, I have already entered into two other contracts that I am worried about. I am planning to attend a convention for the commercial fisherman in upstate New York on December 10-12, 2022. I have agreed to rent an apartment in Fair Haven, NY for three nights, December 10-12th for $100/night which I will pay when I leave the apartment. I also hired a local guide, Bonnie, to take me on a day-long hike in the nearby mountains on December 13th in exchange for $250 which I will pay when we complete the hike. I was in a hurry when I entered into these contracts and simply agreed to them on the telephone. Will these contracts be enforceable by me if the owner of the apartment or Bonnie refuses to perform?

Sincerely,

Michael Hart

Please respond to Michael's inquiry in a formal memo in four separate paragraphs. You are to address the following questions:

1. Can Tony successfully sue Michael for breach of the contract regarding the tuna?

2. Can Brenda successfully sue Michael for breach of the contract regarding the scallops?

3. In the event of a breach, will Michael be able to enforce the oral contract for the rental of the apartment in Fair Haven, NY?

4. In the event of a breach, will Michael be able to enforce the oral contract for the hiring of the guide, Bonnie?