Reference no: EM131142619
Answer the following questions. Discuss both sides. Come to a conclusion.
This is an essay questions.
The Ringling Bros. and Barnum & Bailey Circus is at the Stockton Arena. During the show, the curtain drops to reveal eight women hanging by their hair from an apparatus called a "human chandelier." When the music starts the apparatus falls to the ground, injuring the eight performers and a helper on the ground.
The longtime boyfriend of one of the performers is in the crowd seated next to another acrobat's husband. The two men were joking with each other and turned at the loud bang that resulted when the hair apparatus hit the floor. A group of elementary school children were seated very near where the chandelier lands. None of the children are injured, but all of the kids in the group are traumatized at seeing the fall and the near miss. The crash also spooks an elephant which runs into the crowd, injuring two other spectators before its handler can reign in the terrified animal.
Subsequent investigation reveals that a metal clip (a carabiner) failed under the weight of the chandelier. The clip was used to connect chandelier with the rigging above it. The clip was manufactured by ACME, Inc. It was rated for 1500+ pounds. The chandelier with 8 women attached weighed 1600 pounds. The equipment has been used at 25 other previous shows without incident and after each show all equipment was inspected by Ringling Bros for defects and wear-and-tear. The circus had all necessary permits for the show and was solely responsible for the setup and rigging of the show.
Multiple lawsuits ensue. Please identify the parties (defendants, plaintiffs, etc.); the claims of each party; and any defenses that might apply. Also, set forth damages to each plaintiff, if any. Please fully discuss the legal issues, causes of action and damages.
Here are short model answers.
Q. 1 This question involves the capacity of minors to enter into enforceable contracts. You should discuss, in detail, the issues involving minors and contract. First, are the various contracts voidable? The CD probably is and minor must return the item or what remains of it. However, minor might be the agent of mother in buying the CD - hence a valid contract. The pants could go either way. If voidable because purchased by the minor, then return the pant for a refund. But pant are clothing - a necessary - making that contract valid. Also, mom paid for the pants so agency is an issue here, too. As the accident and hospital, medical care is a necessary so valid. You might discuss what occurs if mom co-signs the admission to the hospital, making parent and child liable for the bills.
Q. 2 Is this contract written or verbal? You should discuss the impact on enforceability on this issue. Next, this question involves potential capacity issues - the man is old and disabled. You should also discuss the apparent lack of adequate consideration in relation to the issue of the man's capacity and the fact that typically lack of adequate capacity does not affect the contract. Damages involve a discussion of rescission vs. specific performance. You could also, discuss fraud if the man is disabled and unduly influenced.
Q. 3 Discuss whether or not this is a contract. If it is, then can one side unilaterally discharge the contract. If it's a breach of contract discuss damages. This is a discussion of promissory estoppel. Go through the elements, i.e., justifiable reliance on the promise of employment. Since she is probably entitled to recovery under the theory of promissory estoppel, she is entitled to compensatory damages. This would include lost wages. She probably cannot recover for any depression related treatment because not foreseeable. You should also discuss mitigation of damages and how that affects her recovery.