W​‌‍‍‍‌‍‍‍‌‍‍‍‌‌‌‌‌‌‍‍​eek 4: Assignment-Read the following scenarios and answer accordingly: Possible ANSWERS: may include: Contracts Outside of the Code, Implied contracts, Uniform Commercial Code, Valid, Voidable, Void, Unenforceable, Unilateral, Quasi-contract, Promissory Estoppel, etc. etc.

 1. Owen telephones an order to Hillary’s store for certain goods, which Hillary delivers to Owen. Neither party says anything about the price or payment terms. What are the legal obligations of Owen and Hillary? Is this a contract? Type? 

2. Minth is the owner of the Hiawatha Supper Club, which he leased for two years to Piekarski. During the period of the lease, Piekarski contracted with Puttkammer for the resurfacing of the access and service areas of the supper club. Puttkammer performed the work satisfactorily. Minth knew about the contract and the performance of the work. The work, including labor and materials, had a reasonable value of $2,540, but Puttkammer was never paid because Piekarski went bankrupt. Puttkammer brought an action against Minth to recover the amount owed to him by Piekarski. Will Puttkammer prevail? Explain. What kind of contract is this? 

Explain 3. Jonathan writes to Willa, stating “I’ll pay you $150 if you reseed my lawn.” Willa reseeds Jonathan’s lawn as requested. Has a contract been formed? If so, what kind? 

Explain. 4. Calvin uses fraud to induce Maria to promise to pay money in return for goods he has delivered to her. Has a contract been formed? If so, what kind? What are the rights of Calvin and Maria? 

5. Anna is about to buy a house on a hill. Prior to the purchase she obtains a promise from Betty, the owner of the adjacent property, that Betty will not build any structure that would block Anna’s view. In reliance on this promise Anna buys the house. Is Betty’s promise binding? Why or why not? Is there a valid contract?

 Explain. 6. Mary Dobos was admitted to Boca Raton Community Hospital in serious condition with an abdominal aneurysm. The hospital called upon Nursing Care Services, Inc., to provide around-the-clock ​‌‍‍‍‌‍‍‍‌‍‍‍‌‌‌‌‌‌‍‍​nursing services for Mrs. Dobos. She received two weeks of in-hospital care, forty-eight hours of post release care, and two weeks of at-home care. The total bill was $3,723.90. Mrs. Dobos refused to pay, and Nursing Care Services, Inc., brought an action to recover. Mrs. Dobos maintained that she was not obligated to render payment in that she never signed a written contract, nor did she orally agree to be liable for the services. The necessity for the services, reasonableness of the fee, and competency of the nurses were undisputed. After Mrs. Dobos admitted that she or her daughter authorized the forty-eight hours of post-release care, the trial court ordered compensation of $248 for that period. It did not allow payment of the balance, and Nursing Care Services, Inc., appealed. Decision? 

Explain. 7. Charles Drilling Co. contracted with Osterholt to install a well and water system that would produce a specified quantity of water. The water system failed to meet its warranted capacity, and Osterholt sued for breach of contract. Does the Uniform Commercial Code apply to this contract? 

Explain. 8. Jack Duran, president of Colorado Carpet Installation, Inc., began negotiations with Fred and Zuma Palermo for the sale and installation of carpeting, carpet padding, tile, and vinyl floor covering in their home. Duran drew up a written proposal that referred to Colorado Carpet as “the seller” and to the Palermos as the “customer.” The proposal listed the quantity, unit cost, and total price of each item to be installed. The total price of the job was $4,777.75. Although labor was expressly included in this figure, Duran estimated the total labor cost at $926. Mrs. Palermo in writing accepted Duran’s written proposal soon after he submitted it to her. After Colorado Carpet delivered the tile to the Palermo home, however, Mrs. Palermo had a disagreement with Colorado Carpet’s tile man and arranged for another contractor to perform the job. Colorado Carpet brought an action against the Palermos for breach of contract. Does the UCC apply ​‌‍‍‍‌‍‍‍‌‍‍‍‌‌‌‌‌‌‍‍​to this contract?

 

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