This writing assignment consists of case analysis Read each of the following cases carefully. Using the material covered in chapters 16-18 of your text, analyze each case. To demonstrate your understanding, use and apply the relevant legal concepts, rules of law, and issues in your answers. Remember that you must be THOROUGH and completely EXPLAIN your answers.
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1. Under a divorce decree, Blackston was ordered to pay $600 a month in child support to his former wife. The decree provided that the payments were to be paid to the clerk of the court's office. The clerk of the court assigned the right to receive the payments to the Department of Human Resources. Who was obligated to notify Blackston of the assignment?
2. Nolan wrote the song "Tumbling Tumbleweeds" and, in an agreement with Sam Fox Publishing Company, transferred all rights to the song to the company. In return, Nolan was to receive royalties according to terms laid out in the agreement. Sam Fox later assigned all rights and interests in "TumblingTumbleweeds" to Williamson Music, Inc. Was it necessary for Sam Fox to obtain Nolan's consent before making the assignment to Williamson? Explain.
3. Don and Beulah DeVoss hired an attorney, James McGrath, to handle the transfer of title to a farm they wished to give to Bobby and Barbara Holsapple. The transfer failed because McGrath did not have the new deed notarized. The DeVosses died before a corrected deed could be signed. The Holsapples filed a lawsuit against McGrath for negligence. McGrath filed a motion to dismiss arguing that the Holsapples were not parties to the lawyer-client contract between McGrath and the DeVosses. The trial court granted McGrath's motion. Did the Holsapples have a claim against McGrath pursuant to a contract between McGrath and the DeVosses? Explain.
4. Rensselaer Water Co. was under contract to the City of Rensselaer, NY to provide water to the city, including water at fire hydrants. A warehouse owned by H.R. Moch Co. was totally destroyed by a fire, which could not be extinguished due to inadequate water pressure at the fire hydrants. Moch brought suit against Rensselaer Water for damages, claiming that Moch was a third party beneficiary to the City's contract with the water company. Will Moch be able to recover damages from the water company on the basis that the water company breached its contract with the city? Explain.
5. Mica Co. agreed to build a commercial storage building by September 1 for Pack Rat Storage. It was hard to predict Pack Rat's losses if the building was not completed on time. The parties estimated that Pack Rat would lose $200 in storage fees per day if the building was not completed on time. Thus, the contract required Mica to pay liquidated damages of $200 per day if the work was completed late. Mica finished ten days late. Pack Rat actually lost $1,800 due to the breach.
1. Is the liquidated damage amount stated in the contract between Mica Co. and Pack Rat Storage valid, or is it an invalid penalty?
2. How much in damages can Pack Rat Storage recover from Mica Co.?
6. Kendra manufactures wooden blinds for use in homes or offices. She contracts to sell $60,000 worth of blinds to a major home supply store. Kendra completes the order and ships the goods to the supply store's distribution center. When the blinds arrive, a manager at the supply store tells the delivery person that his company will not accept the blinds.
3. Explain what Kendra must now do, according to the terms of the UCC.
4. What damages may Kendra recover?
7. Explain the difference between expectation interests and reliance interests. What kinds of damages will a person ask for whose expectation interests have been damaged? What kinds of damages will a person ask for whose reliance interests have been damaged?
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