QUESTION 1 Joanna verbally contracts to work with Jimmy for three-years. After Joanna starts work, Jimmy fires her without cause. Joanna sues Jimmy for breach of contract. Is Joanna likely to recover under the contract? Is there some other legal theory t

QUESTION 1

Joanna verbally contracts to work with Jimmy for three-years. After Joanna starts work, Jimmy fires her without cause. Joanna sues Jimmy for breach of contract. Is Joanna likely to recover under the contract? Is there some other legal theory that might support a legal recovery?

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20 points   

QUESTION 2

Steven enters into a contract with Mandy. The contract is for Mandy to repair Steven’s car for $600. What are Mandy’s rights and duties? What are Steven’s rights and duties? If the contract expressly prohibits any assignment, can Mandy assign his right to payment?

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20 points   

QUESTION 3

Johnny sells his car to Tammy for $700. Johnny works as a construction worker. Johnny notifies Tammy that he has the goods at the buyer’s disposition, and that Tammy is free to pick them up at any time. While Tammy is on her way, the car is stolen with no fault at Johnny. Who bears the risk of loss? Assume the contract is silent on who bears the risk of loss.

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20 points   

QUESTION 4

The Soda Company manufactures bottles to contain carbonated beverages. They have invested millions of dollars to provide the most state-of-the-art bottling facility the world has ever seen. And their QA process is unmatched. The Soda Company takes every precaution to ensure that it’s bottles are of the highest quality. One day Cody buys a bottle of soda with a bottle manufactured by the Soda Company. The bottle was not substantially changed from the time of manufacture to the purchase. As soon as Cody opens the bottle, it explodes in his hand causing lacerations. Cody sues for negligence. Will he recover? Be sure to list and apply the elements of negligence to this case.

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20 points   

QUESTION 5

Same facts as #4 except that Cody sues under a strict product liability theory. Will Cody recover under strict product liability? Be sure to list and apply the elements of strict product liability to this case.

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