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II. Answer the questions following the fact patterns using the IRAC format: 1). Herbert and Garth have a valid contract. Herbert agrees to construct 10
II. Answer the questions following the fact patterns using the IRAC format: 1). Herbert and Garth have a valid contract. Herbert agrees to construct 10 apartments and Garth agrees to pay $10,000/apartment. After having built of the apartments Herbert runs into financial problems. Herbert contacts Rosalinda. Rosalinda agrees to finish the project. Herbert, Rosalinda, and Garth enter into a valid contract accepting Rosalinda for the project, accepting that she will assume all the obligations and benefits that Herbert had, thus releasing Herbert from the Herbert-Garth contract. A] Rosalinda finishes 3 more of the apartments. She informs Garth that she can not construct the other 2 apartments. When Garth sues her she argues that as a delegatee she can not be sued. He must sue the delegator, Herbert. Is she correct? Explain. 2). Sonia and Sylvia enter into a written contract. Sonia agrees to redecorate Sylvia's home using specific furniture from Thompson's furniture store. The cost of the furniture is $10,000. Sonia owes Sylvia $15,000. They have agreed that the redecoration will settle their debt. Sonia's mother, Selma, calls her. Selma convinces Sonia to redecorate her home using the same furniture Sylvia has requested. The furniture is unique. A] Selma gives notice to Thompson's furniture store. Thompson's delivers the furniture to Selma's home. Sylvia is now suing Sonia. This jurisdiction follows the American Rule. Will Sylvia win her suit? Explain. 3). Frederick collides with Amelie's car. As a result of the collision Amelie's car is totaled at a final value of $3000. Amelie also suffers neck and back injuries that require extensive medical treatment. The cost of medical treatment amounts to $15,000. Due to the extent of her injuries Amelie must sleep on a special bed recommended by her physician. She purchases the bed at $1200. Amelie hires an attorney, Zion. Zion charges $300/hour. Zion has worked 40 hours on Amelie's case. Amelie has to miss a month of work. She generally earns $500/week. She also has to rent a car for 2 months. The rental amount comes to $1750. Amelie's court fees amount to $1000. A] At her final court hearing the judge finds Frederick at fault. Zion requests that all costs listed above be paid by Frederick. Is Frederick responsible for these expenses? If so in what total amounts and what categories? Explain
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