Question
On November 20, Delia, a recent law school graduate, found out that she had passed the bar exam. To celebrate, she met her classmates at
On November 20, Delia, a recent law school graduate, found out that she had passed the bar exam. To celebrate, she met her classmates at a bar in the city of Shelbyville, near the law school they had attended. Over the course of the evening and as part of the celebration, Delia consumed enough alcohol to raise her blood alcohol level well above the legal limit for the jurisdiction.
Delia attempted to drive home, but a few blocks from the bar she lost control of her vehicle and negligently crashed into a tree located just off the roadway. The tree, a 100 foot tall pine tree located in Heritage Park, was the pride and joy of Shelbyville. It had been planted by Joshua Shelby, the founder of Shelbyville, over 75 year ago. Each year during the Christmas season, Shelbyville decorated the tree with holiday lights and had a ceremony on December 1 to officially "light" the tree. Workers were slated to start decorating the tree on November 22.
The December 1 ceremony was always followed by a holiday concert performed by a local band in the bandstand in Heritage Park. Shelbyville had contracted with Tunes Aplenty, a local band, to perform the concert for $500. Tunes Aplenty normally charges $1,000 per appearance, but had agreed to perform for less money out of sense of "community spirit." At each holiday concert for the past 10 years, the Shelbyville PTA set up a booth at which they sold snacks and soft drinks to those attending the concert. Each year the booth earned a minimum $500 profit for the PTA. Delia had often attended the holiday concert and bought snack items from the PTA. In anticipation of this year's holiday concert the PTA had already erected their booth, which was always located next to decorated tree. Delia's car also caused substantial damage to the PTA booth.
The force of the collision between Delia and the tree was so great that experts determined that the tree could not survive and would have to be removed immediately or risk falling over. As a result, Shelbyville was forced to cancel the tree lighting ceremony and thereafter decided to cancel the concert. On November 24, they notified Tunes Aplenty that their services would not be needed on December 1. Because of the late notification, Tunes Aplenty was unable to locate another job for December 1.
- If Shelbyville sues Delia for damages to the tree, what would be their recovery? Discuss.
- If Tunes Aplenty sues Shelbyville, what would be their recovery? Discuss.
- If the Shelbyville PTA sues Delia, what would be their recovery? Discuss.
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