Reference no: EM13898271

Use the facts of the case provided in the questions to answer the questions so you don't have to actually look up the case. May use IRAC also. 1 Page per question in APA Format.

Case 1-Breach and Damages-

Utility Systems of America, Inc., was doing roadwork when Chad DeRosier, a nearby landowner, asked Utility to dump 1,500 cubic yards of fill onto his property. Utility agreed but exceeded DeRosier's request by dumping 6,500 cubic yards. Utility offered to remove the extra fill for $9,500. DeRosier paid a different contractor $46,629 to remove the fill and do certain other work. He then filed a suit against Utility. Because Utility charged nothing for the fill, was there a breach of contract? If so, would the damages be greater than $9,500? Could consequential damages be justified? Discuss. [DeRosier v. Utility Systems of America, Inc., 780 N.W.2d 1 (Minn.App. 2010)]

Case 2- Implied Warranties-

Peter and Tanya Rothing operated Diamond R Stables near Belgrade, Montana, where they bred, trained, and sold horses. Arnold Kallestad owned a ranch in Gallatin County, Montana, where he grew hay and grain, and raised Red Angus cattle. For more than twenty years, Kallestad had sold between three hundred and one thousand tons of hay annually, sometimes advertising it for sale in the Bozeman Daily Chronicle. In 2001, the Rothings bought hay from Kallestad for $90 a ton. They received delivery on April 23. In less than two weeks, at least nine of the Rothings' horses exhibited symptoms of poisoning that was diagnosed as botulism. Before the outbreak was over, nineteen animals had died. Robert Whitlock, associate professor of medicine and the director of the Botulism Laboratory at the University of Pennsylvania, concluded that Kallestad's hay was the source. The Rothings filed a suit in a Montana state court against Kallestad, claiming, in part, breach of the implied warranty of merchantability. Kallestad asked the court to dismiss this claim on the ground that, if botulism had been present, it had been in no way foreseeable. Should the court grant this request? Why or why not? [Rothing a Kallestad, 337 Mont. 193, 159 P.3d 222 (2007)]

Case 3- Liability Based on Actual or Apparent Authority-

Summerall Electric Co. and other subcontractors were hired by National Church Services, Inc. (NCS), which was the general contractor on a construction project for the Church of God at Southaven. As work progressed, payments from NCS to the subcontractors were late and eventually stopped altogether. The church had paid NCS in full for the entire project beforehand, but apparently NCS had mismanaged the project. When payments from NCS stopped, the subcontractors filed mechanic's liens (see Chapter 29) for the value of the work they had performed but for which they had not been paid. The subcontractors sued the church, contending that it was liable for the payments because NCS was its agent on the basis of either actual or apparent authority. Was NCS an agent for the church, thereby making the church liable to the subcontractors? Explain your reasoning. [Summerall Electric Co. is Church of God at Southaven, 25 So.3d 1090 (App.Miss. 2010)]