Reference no: EM133357712
Question 1. Mmm Limited is a fast-food restaurant with both counter and drive-through service. Regina purchased coffee at the drive-through service for herself and her friend, Paul. Reginapassed both cups of coffee to Paul to hold. The car, driven by Regina, hit a pothole and the coffee, which was extremely hot, spilled in Paul's lap, burning him severely. Paul sued Mmm Limited for damages. Before the trial commenced, Paul's lawyer filed a motion to amend the pleadings.
Required
a. What are pleadings? What is the purpose of pleadings? Explain.
b. What is the nature of Paul's action against Mmm? What would Paul need to prove to be successful?
c. Evaluate, with reasons, Paul's chances of success in the legal action against Mmm.
Using sentences, ANSWER AS CONCISELY AS POSSIBLE
Question 2. James saw a classified advertisement in a magazine offering to sell Kate's piano for $4000. James wrote to Kate stating that he would 'take the instrument at your price'. On 1st May, Kate wrote to James stating that she now wanted $5,000 and would keep her offer open for a week. James received the letter on 4th May and wrote back to Kate stating he agreed to pay the $5000 'at your convenience'. The letter unfortunately didn't arrive until 11th May. The next day (5th May), Kate had lunch with her sister Julie. They discussed the piano and agreed that Julie could have the piano for $3,500 if she minded Kate's children on Saturday nights. On 6th May, the piano was delivered to Julie's house.
- Was Kates' advertisement an offer? Explain?
- What was James' first letter considered in contract law? Explain.
- Is there an enforceable contract? With whom? Explain.