Question
YouTube URL: http://www.youtube.com/watch?v=sGifJtJrWuM Using what you learned from the video answer the following questions: 1. For 20 years, Art's Flower Shop relied almost exclusively on
YouTube URL: http://www.youtube.com/watch?v=sGifJtJrWuM
Using what you learned from the video answer the following questions:
1. For 20 years, Art's Flower Shop relied almost exclusively on advertising in the yellow pages to bring business to its shop in a small West Virginia town. One year the yellow pages printer accidentally omitted to print Art's ad, and Art's suffered an enormous drop in business. Art's sued for negligence and won a judgment of $50,000 from the jury, but the printing company appealed, claiming that under an exculpatory clause in the contract, the company could not be liable to Art's for more than the cost of the ad, about $910. Art's claimed that the exculpatory clause was unconscionable. Please rule on this case.
2. Raymond Barrows owned a 17-acre parcel of undeveloped land in Seaford, Delaware. For most of his life Mr. Barrows had been an astute and successful businessman, but by the time he was 85 years old, he had been diagnosed as "very senile and confused 90 percent of the time." Glenn Bowen offered to buy the land. Barrows had no idea of its value, so Bowen had it appraised by a friend, who said it was worth $50,000. Bowen drew up a contract, which Barrows signed. In the contract, Barrows agreed to sell the land for $45,000, of which Bowen would pay $100 at the time of closing; the remaining $44,900 was due whenever Bowen developed the land and sold it. There was no time limit on Bowen's right to develop the land nor any interest due on the second payment. What defenses might Mr. Barrows have if he fails to keep this agreement? Explain.
3. The McAllisters had several serious problems with their house, including leaks in the ceiling, a buckling wall, and dampness throughout. They repaired the buckling wall by installing I-beams to support it. They never resolved the leaks and the dampness. When they decided to sell the house, they said nothing to prospective buyers about the problems. They stated that the I-beam had been added for reinforcement. The Silvas bought the house for $60,000. Soon afterwards, they began to have problems with leaks, mildew, and dampness. Are the Silvas entitled to any money damages? Explain why or why not.
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