Reference no: EM132237674
Identify all of the possible torts, contract and product liability claims which could result from the heart breaking scenario below. Your answer should list who can sue who, the legal theory of each claim, the relevant facts and why these particular facts support the legal theory. For example: "1. Mary v. Johnny - Negligence - When Johnny attempted to light the bong at the party with a butane torch while Mary was still stuffing weed into the bong bowl, he did not act as an objectively reasonable person would in like circumstances and set in motion a chain of events causing damage to Mary's $1,000 manicure."
Facts:
Mary Bobeep was a herder of sheep. She purchased 17 baby lambs and one mature ram from a well-known sheep breeder, Harry Wolf, for $200 per lamb and $400 for the ram on November 1. They agreed that Harold would deliver the lambs and ram to Mary's meadow on Friday, November 13. As Harry was herding the lambs into the bed of his rusty 1982 Ford F-150 with a "Make My Day" NRA bumper sticker, the ram became distracted by a BMW driven by Cutty Methcrack, a local drug dealer. The ram ran into the road and Cutty, driving 45 mph in a 25 mph zone on the way to homecoming delivery at a local fraternity, hit the poor ram which, from recent reports, is now residing in a stall in hog heaven while waiting for an opening at the eternal sheep lodge. Prior to ascending to eternal fields of green, the ram slammed into the driver's side rear wheel well of Cutty's 2012 BMW. The BMW did not have wheel well panels because of cost and weight design considerations. As a result, the ram's horn easily permeated the gas tank of the BMW, causing an explosion. Fortunately, Cutty, who was very alert from snorting well over 2 grams of pure cocaine just prior to leaving to make the deal, jumped from the vehicle and was not burned, but did suffer various painful and temporarily disabling fractures. Unfortunately, the driverless BMW then proceeded to crash into the new home of Max Millennial, a debt-ridden and arrogant MBA. Fortunately, Max was futilely attempting to climb the corporate latter at his meaningless job with an important title when the crash occurred, but his heavily mortgaged pride palace was destroyed, along with his $50,000 parrot, Cubicle. Meanwhile, Harry, a cool headed former DEA narc, proceeded to load the lambs onto his rusty F 150. Cutty was laying right in front of the truck, screaming in pain, but Harry - knowing of and detesting Cutty's position in the community - picked up Cutty and threw him back into the road. Cutty was later run over by a properly operated Wal Mart 52 foot delivery van with defective brakes driven by Smilely Lowcost, causing Cutty to suffer permanent brain damage. By this time, Harry had already proceeded to Mary's. Upon arrival, Mary noticed the ram's absence and allegedly knowing her rights under the UCC, rejected the tendered lambs. While they were arguing about whether she had to accept delivery, the lambs jumped out of the F 150 and we still don't know where the little lambs have gone.