Facts for Questions 2 & 3: Donald Donor is a single, 29-year-old former factory assembly-line worker with a high school education and no children. He has been out of workLegal 240 - Assignment 1Page 1

for just over a year since the factory where he was employed closed and moved overseas. Patricia Poorhealth is a 46-year old vice president with an area technology company who has become a millionaire during the past decade. Patricia is, however, suffering from a kidney disease that, absent a transplant, is likely (roughly 80% statistical probability) to be fatal within the next three years. Patricia has two children with her 49-year old husband Harolddaughter Alicia, age 8, and son Barney, age 5. Donald has been selling plasma at a local blood bank to make ends meet. During a recent visit, he agreed, in exchange for a $20bonus, to be tested for organ donor compatibility. As it happens, Donald has two healthy kidneys and his physiology is compatible with Patricia for purposes of a transplant. Accordingly, Patricia has contacted Donald and offered to pay him $100,000 plus all medicalexpenses in exchange for donating a kidney to her. Though he has a few misgivings about surgery, Donald is pleased at the prospect of earning this money, more than he has seen in one place his entire life. For her part, Patricia can't restrain herself from tears of joy at the prospect of living long enough to raise her children to adulthood.

2)According to the textbook, if the opinion of the New Jersey trial court in the Baby Mcase represents controlling law in Washington State, would the contract contemplated by Donald and Patricia be enforceable? Why or why not? How, if at all, would your answer change if the New Jersey Supreme Court's Baby Mopinion is the controlling law in our jurisdiction?

3)Regardless of your answers to the last question, assume now that Donald and Patricia's agreement is an enforceable contract. If, one month after signing the contract, one of the parties decides to breach, what would the remedy be for the non-breaching party? Consider the discussion of remedies in both of theBaby Mopinions as you formulate your answer.