Reference no: EM133304656
CASE: Amy has a 11-year-old son, Brandon. Amy and Brandon live next door to Chris. Chris owns a bicycle store. Amy and Brandon go to Chris's store looking to buy a low-end T-bicycle for Brandon's birthday. Amy tells Brandon and Chris that the bicycles are nice but all too expensive (a new, low-end T-bicycle costs $900). Amy and Brandon leave.
That evening, Chris calls Amy from home. Chris explains that there is a used, low-end T-bike in Chris's garage that has belonged to Dawn, Chris's child. Dawn attends college in another state, and hasn't used the bicycle in years. Chris and Amy complain that kids these days don't appreciate things that are just given to them. This gives Chris an idea. Chris says that Brandon can have the bike, as is, if Brandon mows Chris's lawn for the next 10 weeks. Amy walks over and checks out the bicycle. Amy tells Chris that Brandon will go to sleep-away camp in five weeks. Amy suggests that Brandon mow Chris's lawn for four weeks, and Amy will (without Brandon's knowledge) also give Chris $300 in cash. (Chris usually pays a lawn service $40 week, plus a $10 tip.). Amy and Chris shake hands.
The next morning, Chris, happy to help a young person earn a nice bicycle, takes it to the shop to tune it up for Brandon. That same day after school, Amy texts Brandon (with a copy to Amy's spouse, who is Brandon's other parent) to check out the bicycle in Chris's garage, which Chris usually leaves the door open. Amy send a text and tells Brandon that if Brandon mows Chris's lawn for the next four weeks, Brandon can have that bicycle. Brandon rushes over to Chris's garage. What Brandon sees is not Dawn's bike, but a recently purchased, high-end $2,500 T-bike that belongs to Edward, a math tutor who instructs Chris's younger child. Brandon texts Amy, "Bike looks great. I'm in. Can I use our lawn mower?" Amy's spouse texts Amy and Brandon, "No problem! So proud of you, Brandon." Amy calls up Chris and says, "Brandon will start mowing your lawn this weekend."
After mowing Chris's lawn for the fourth time, Brandon runs over to Chris's garage. Brandon takes Edward's bicycle. Just as Brandon starts to ride away, Edward comes out of the back door and sees Brandon. Edward spies a baseball bat standing in a bucket inside the garage. Edward grabs the bat, shakes it above his head, and yells, "Hey, you. Stop!" Scared by a strange adult waving a bat and shouting, Brandon rides off down the street with a bat-wielding Edward giving chase.
The bicycle hits a bump, a handlebar screw breaks from the stress, and the handlebars come loose. Unable to control the bicycle, Brandon veers into the oncoming lane of traffic. He runs into a car driven by Fred. Fred was talking on a cell phone while going 27mph in a 25 mph zone.
Fred slams on the brakes. Brandon hits the windshield and suffers a concussion. The bicycle gets run over and destroyed. The airbag deploys, breaking Fred's nose, costing Fred $1,000 in car repairs, $3,000 in medical bills, and causing Fred to miss two days of work at the factory where Fred makes $35/hour. Fred also misses taking his daughter to a concert, for which Fred bought two, $350 tickets as a birthday present.
Six weeks later (after Brandon returns from camp), Amy and Brandon go over to Chris's with $300 in cash, but Chris slams the door in their faces. Chris calls Amy a lousy parent and says that Amy and Brandon - "that felonious little thief" - can both go to Hell. Brandon starts sobbing.
Question-Amy, Brandon, Chris, Dawn, Edward, Fred, and manufacturer T-bicycle, all decide to sue each other. Discuss and evaluate the contract and tort claims each party might raise, as well as any relevant defenses and counterclaims.