**** PLEASE FOLLOW THESE REQUIREMENTS**** IF THE STUDENT FAILS TO FOLLOW THE REQUIRMENTS, A ZERO WOULD BE ISSUED FOR THE ASSIGNMENT.
Answer these five questions using the IRAC method ( Issue, Rule, Analasyis, Conclusion)
The issue should be one sentence long and its going to be the question that you are being asked in the case.
The rule needs to be mentioned from the online textbook with the page number from where the rule was found. Any online resources ARE NOT ALLOWED!!
THE RULE SHOULD BE DERIVED FROM E-BOOK!!
Online E-BOOK LOG IN INFO IS :
www.cengage.com
Email: XXXXXXXXXX
Password: Mo.mo1999
This login will take you to the DIGITAL VERSION OF THE text book, you would need to find the rule from chapters 18, 19, 20.
The analysis should be one paragarph long describing the rule and the facts and how to reach the conclusion.
The conlcusion should be one sentence long to answer the question that is asked.
ANSWER THESE QUESTIONS USING IRAC METHOD! NO OUTSIDE SOURCES ARE ALLOWED!!
All the questions below rely on this fact pattern (CE8): Chelsie Hochester is a successful
local writer whose fame exploded after the publication of her last book. Hochester is scheduled
to do a 3-week book tour in the United Kingdom (UK). She has never traveled outside of the
United States and wants someone to go with her to manage her schedule. Hochester hires Dana
Davila to accompany her to the UK as a personal assistant. They sign an employment contract
drafted by Hochester herself in which Davila would be paid $5000 for assisting Hochester with
daily business or personal tasks related to her 3-week book tour.
1. Anticipatory Repudiation.
Two weeks before the scheduled tour, Davila sends Hochester a
text stating that she cannot accompany Hochester to the UK because her grandmother just had a
stroke and is temporarily paralyzed on the right side of her body. As there is no other relative
around to care for her grandmother, that responsibility falls on Davila. Hochester replies to the
text: “We have a contract. I need to know whether you will be there on the first day.” Davila
eplies: “I may be able to put her grandmother in a nursing home, but it would take a while to
make that a
angement. Can I join you in England a week after the first scheduled tour?”
Hochester replies. “That is unacceptable. I consider you to be in
each of our agreement. I will
speak with an attorney about this.” Can Hochester sue Davila for
each of contract?
2. Remedies.
Using additional facts in #1, suppose Hochester has to look for another personal
assistant. Because of the short timeframe in which she has to do this, she is able to find a
eplacement, but has to pay this person $500 more what she would have paid to Davila. She also
spends $100 to advertise for the job in various newspaper and magazines. She has to cancel an
event at which she is supposed to give a speech in order to interview candidates. She loses $200
in speaker fees. She also hires a contract attorney to draft a contract between the new personal
assistant and herself. She paid that attorney a flat fee of $250. The airline company charges
Hochester $125 for changing the flight from Davila’s name to the new assistant. Hochester then
spends $300 on a 5-star spa treatment to relieve stress from dealing with Davila. If Hocheste
sues Davila in court for a
each of contract, what remedies are available to her? Discuss (not
list) all damages to which she is entitled, including the specific amount of money she can
ecover, if any, and specify whether they are consequential or incidental or other types of
compensatory damages, and WHY she’s entitled to each damage. I recommend you use the
sample formula in Week 10 Lecture Note – Calculating Damages. Do not just copy the chart and
eplace the numbers. Explain why she’s entitled to them. No IRAC format necessary.
3. Condition Precedent.
A few weeks prior to the book tour, Davila tells Hochester that he
grandmother's health is in bad condition and may need to be in a nursing home, and that Davila
will have to make the a
angement. If that happens, then Davila can’t be Hochester's personal
assistant unless a relative steps in to help. They agree that Davila needs to give Hochester at least
14-days written notice (that is, 14 days before Hochester's book tour) as to whether or not a
elative is available to replace Davila in caring for her grandmother. The contract will be
cancelled if Davila does not provide the written notice. Thirteen days before the book tour,
Davila texts Hochester: "My grandmother had a stroke last night. I was in the ER all night and
am very distraught and scared. I am so
y I couldn't contact you earlier. I won’t be able to make
it.” Davila does not hear back from Hochester. The next day, Davila texts Hochester again:
“She's okay now, and my uncle flew from Montana this morning to take care of her and make
a
angements for her long-term care. I will be able to go to UK with you after all. I look forward
to it." Hochester does not respond to Davila. Instead, she hires another personal assistant. Davila
sues Hochester for
each of contract. Will she will successful?
4. Waiver of Breach.
As part of Davila’s contractual obligation, she has to do the following: (1)
prepare a detailed itinerary of Hochester’s UK book tour, (2) deliver a draft of 3 weeks before
their departure to London; and (3) provide a final detailed itinerary no later than a week before
they depart. Due to Davila’s personal obligations to take her of her ill grandmother, Davila
misses the deadline to submit the draft itinerary. Hochester calls and tells Davila that she has 2
days to email her the draft itinerary. Davila starts working on the itinerary and emails it to
Hochester 4 days later. The itinerary only provides a
ief ½ page outline of their schedule for a
3-week tour. Hochester sets it aside to prepare for some interviews with the local news channels
and radio stations. By the time Hochester is able to look at the itinerary again, she and Davila are
already aboard the plane to London. The entire book tour is disorganized and hectic, causing
many of Hochester’s fans and organizers frustration and disappointment due to their late a
ivals
at various readings and interviews. When they finally a
ive back to the U.S., Hochester is upset
at Davila. Hochester blames the disorganization and frustration on Davila for not submitting the
draft and final detailed itinerary to her by the agreed-upon timeline. She wants to sue Davila fo
eaching the contract due to: (1) Davila’s failure prepare an itinerary that contained all the
details as required; and (2) delivering it late to Hochester. She consults with an attorney, who
tells her she does not have a case. Is the attorney co
ect? (Make sure you address all possible
eaches and whether Hochester waived each
each.)
5. Discharge by Novation.
Davila tells Hochester that her grandmother's health is in bad
condition, and may need to be in a nursing home, and that Davila will have to make the
a
angement. Hochester and Davila both agree it is best for Hochester to find another personal
assistant. Davila promises to help Hochester search for her replacement. Davila recommends he
friend, Tina Sheller, to Hochester. Hochester interviews Sheller and hires her. Sheller turns out to
e a disaster during the book tour. Hochester thinks Sheller overstated her skills and experience
as a personal assistant. Hochester is completely dissatisfied with Sheller’s incompetence. She
thinks about suing both Sheller and Davila in two separate lawsuits. She seeks the opinion of he
nephew, who recently took a business law course in college. The nephew scratches his head and
says, “I remember my professor talking about this. I forgot the term for it. But I don’t think you
can sue Davila.” Is the nephew co
ect?