Question
Fresh off your second pretrial hearing - which turned out very well - you cruise by the office to drop off some stuff before heading
Fresh off your second pretrial hearing - which turned out very well - you cruise by the office to drop off some stuff before heading home.It's just after 5:00, so you're caught a little off guard to see someone sitting in your office as you walk down the hall towards your door.Whoever it is must be a bundle of nerves.He (or she - it's hard to tell from here) is pacing from wall to wall in your office, clutching a tattered briefcase and biting his (or her) nails.
Your secretary gives you a wide-eyed, something's-not-right look as you walk by.Then he grabs his things and scampers to the elevators.
It turns out to be a person you've never met before - Oliver D Map.He is a runner.Not the marathon kind (although he is sweating like a marathon runner), but the kind who carries things on a bicycle to and from places for a fee - sort of like an Uber driver except he transports things instead of people.He's got a youngish face and you can't quite tell how old he is.
With a sense of deep urgency, Oliver starts talking, and talking fast."I was working today doing my usual things - picking up stuff from accountants and lawyers to run them to other accountants and lawyers.Plus, there were several requests to pick up coffee or lunch and bring it back to somebody.The last call I got today, though, was the weirdest one he's ever gotten.It only came through about 50 minutes ago, but it didn't come through the app on my phone like normal.It was a direct phone call, asking me to meet the caller on a street corner.That was odd, but I didn't have any other jobs, the day was almost over, and the corner was only two blocks away.So, I figured, 'what the heck' and biked over."
:::::: flash back to earlier today ::::::
The lady who called said to be discrete and to look for her in a hat pulled low with one collar on her overcoat turned up.When he arrives at the corner, Oliver sees the lady leaning against a wall near an alley way.They make eye contact, she nods her head towards an alley, and then disappears.Oliver thinks this was a little weird and considers just biking away, but the cloak-and-dagger routine is just too interesting.He locks up his bike and walks over to where the lady was standing, glancing behind himself as he rounds the corner into the alley.
He can't see anyone in the alley, so he walks down a few more feet.Just then, the lady in the hat and overcoat startles him as she steps out from the shadows behind him."I need you to do a job," she begins."Here's $2,000," she says, tucking some bills into his inside coat pocket."Pick up a brown leather briefcase at this address," she continues in a rapid jumble of words while stealthily folding a piece of paper into his palm and closing his fingers around it."The person who gives you the briefcase will also give you instructions about where to make the drop - I mean, where to leave the briefcase.When you leave it, you'll be paid some more money.We can talk about how much once you've done the deed."
"We're doing this for Jimmy," she continued, "so get it right.""If he's not satisfied, you don't get paid.Do you understand what I'm asking?"
"Uh...yeah...I understand," Oliver stammered."But I can't be paid this way.I need you to use a credit card through the app.And we only charge $15 plus $2 per mile.You've already given me way too much money."
"I don't have time for this.You figure out that app stuff.Just deliver the goods and make Jimmy happy...or else."
"Or else what?" Oliver replies, nervously.
"You don't want to know.Just do it, and know that we're watching," she states forcefully between tightly clenched teeth.
With that, the mysterious lady turns on her heels and walks away, leaving Oliver standing there completely dumbfounded and unsure what to do.
Oliver doesn't want any part of this.But the lady is leaving and he has her money.Plus, she said they'd be watching and Oliver wonders if he is in danger."Who is that lady, anyway, and who is the 'they' who will be watching?" he asks himself.Feeling too paralyzed to move, Oliver yells out in the general direction the lady went, "I don't want to do this!I'm not going to do this!Take your money back!"The lady is close enough that she probably could hear him, but she gives no indication that she does.She just keeps walking and eventually blends into the crowd.
Just then, Oliver's phone gives a familiar buzz announcing another job.He glances at it - it is from his best customer, and it is a big job.The notes section read, "I'll pay triple, Oliver, if you can do this for me RIGHT now.It's a big deal and I'm in a huge hurry."Oliver hated to let down his best client - it would probably cost him some future work.
"But thiscrazy lady'sjob pays a lot of money," Oliver thinks, "the first payment is more than I make in a month.And, if this is real, I'll be paid more when I drop the briefcase.And if I DON'T do it, who knows what they'll do to me!"
Looking at the address on the paper in his hand, Oliver realizes it is only three blocks away.Collecting his resolve, he swipes the decline button on the app, steps out of the alley, unlocks his bike, and pushes off towards the address.He immediately realizes that the lady never saidwhenhe was supposed to do all of this.It is almost 5pm and he isn't even sure the front desk will be open when he gets there.Worried, he pedals harder.
Arriving at his destination just a few minutes later, Oliver slams his bike into the rack - not even stopping to lock it up - and scampers into the lobby.He finds a security guard at the front desk and, summoning his courage, shows his ID and says he's there to pick up a briefcase.The guard gives Oliver a hard look and then says something into a walkie talkie clipped to his shoulder.
Almost immediately, a guy in a suit and dark glasses walks off an elevator and hands Oliver a briefcase and another piece of paper - all without saying a word.Oliver takes note of the address written on the paper, turns, and walks quickly out.
Outside, Oliver hops back on his bike and begins pedaling hard.The address is close, but he's not sure he'll make it there by 5:00."What happens if I can't get in or whomever I'm supposed to meet isn't there?" he worries.
A few minutes later, Oliver again slams his bike into the rack outside the second office building without locking it.Taking a deep breath, he pulls on the door to the building's lobby.It's open.And there's still a light coming from around the corner where the front desk is.
As he walks nervously toward the corner, he spots the mysterious lady behind a large plant.She gives him a hard stare, points at her watch, and mouths, "Too late.No deal.Bring me the briefcase."
Drawing on confidence he didn't know he had, Oliver walks over to the lady who, not wanting to be seen, shrinks back into the shadows behind the large plant.When he's close enough to be heard, Oliver whispers to the lady, "I'm finishing what I've started.And I want a new deal.I want double my final payment or I'm going to the cops."
The lady gives him a fiery glare and, after a brief moment, whispers back, "Fine.Do it quickly."
At that exact moment, a news alert pops up on Oliver's smart watch announcing that the city council has outlawed bicycle runners (which is Oliver's whole job!).They are clogging the streets and the sidewalks.His phone must've lost connection because the timestamp on the alert is 2 hours ago, well before he knew anything about the mystery lady.
Oliver turns resolutely back towards the corner around which lay the front desk and begins walking.He rounds the corner and no longer has line of sight on the mystery lady.A few moments later, there's a muted "pop" inside the briefcase and a single smoke cloud floats out of the keyhole of the briefcase.It doesn't hurt Oliver at all, but the smoke does leave a black soot stain on his shirt."Dangit!" Oliver thinks."There's no way that's coming out.This shirt is ruined, all because I took this job."
Before Oliver can even make sense of what just happened, his phone buzzes again.This time it's an alert that he's forgotten to complete a job.He glances at it and realizes the job came through during lunch today and he had accepted it, then totally forgotten about it.The job description is to pick up a package at the same location where he got the briefcase and to take it to the same address he was delivering the briefcase to right now."Weird," he thought."Is this the same job as I'm doing right now, only I'm doing it for someone else?"
Now completely confused and scared, Oliver ducks into a nearby stairwell.There's a directory on the stairwell landing on which Olivernotices that there's a law firm on the 19thfloor.Too nervous to go back out to the elevators, he runs up the 19 floors, where he finds your secretary about to go home for the day.
He begs her for help, so she directs him to your office, knowing you'll be there in only a couple of minutes.
:::::: flash forward to present ::::::
Oliver stops talking.You perceive that he's waiting for you to say something.
"Wow, Oliver," you start."Do you think the lady is down there waiting on you to make the drop?"You begin to wonder if whomever is watching Oliver knows he's up here in your office and whether you are in any danger.
"Yes," he replies, suddenly sounding very young."I don't know what to do."
"How old are you, Oliver?" you ask.
"17," he says."I'll be 18 tomorrow.I finished high school early and am working to save for college."
You start to ask some questions, but Oliver cuts you off and tosses out a bunch of his own questions all at once.
Pulling the $2,000 out of his coat pocket, he begins "This is a lot of money and I'd really like to keep it.Plus I also get whatever the final payment would be.Do I have an enforceable deal with this lady?Why or why not?"
"If so, how soon do I have to deliver this thing?"
"Can I just give this money to you and you deliver it to the front desk for me?"
Oliver is now asking questions so fast that you can't tell whether he's even breathing between them."And what about the stuff inside the briefcase?I don't know what was in here or whether it was destroyed by whatever made that smoke, but the lady asked me to deliver the briefcase.She didn't say anything about the stuff inside.So, if I deliver the case like she asked, does it matter if something inside was destroyed?"
"If I can make her pay me the second installment, how much would the final payment be?"
"What if I don't deliver the case.Can she sue me?If so, will I owe her anything?"
Still talking a mile a minute, Oliver continues."Can I do anything about my ruined shirt?It's my favorite, so I'm really ticked that it's ruined."
"Oh, and what about this Jimmy guy?Is he relevant to anything?"
As Oliver winds down, you start jotting down his questions.You're going to have to think fast.
- Does Oliver have an enforceable deal with mystery lady?
- If so, how soon does Oliver have to deliver the briefcase?
- Can Oliver give you the money and have you deliver the briefcase?
- If Oliver delivers the case, does it matter whether something inside the case was destroyed?
- If Oliver could make the mystery lady pay him, how much would the final payment be?"
- If Oliver doesn't deliver the case, can the mystery lady sue him?If so, will Oliver owe her anything?
- Can Oliver do anything (legally) to get compensated for his ruined shirt?
- Is Jimmy legally relevant to Oliver's relationship with the mystery woman?
Answer each of Oliver's question and,most importantly, be sure you identify and explain ALL legal concepts that are fairly raised by these facts.
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started