What categories of damages should sally seek

Assignment Help Business Law and Ethics

Reference no: EM133192076 , Length: 6 pages

PURPOSE:
The purpose of this assignment is to demonstrate your understanding of the essential elements of torts and contracts to the following questions.

INSTRUCTIONS:
You may answer in either paragraph-form or point-form.

TORTS
Sally decided that she wanted to make some changes in her life, starting with her hair. She called up her stylist and said that she wanted to have her hair dyed purple, but that she was nervous about doing so, as she had never colored her hair and had heard some horror stories about others who had their hair dyed and ended up with bad results. Sally's stylist reassured her that she was an expert who colors her clients' hair all the time.

Sally came in and rather than her stylist testing out on a small patch of hair to see if it there were any problems or unanticipated reactions, the stylist poured the dye over Sally's entire head. Sally woke up the next morning and quickly realized that all of her hair had fallen out and that she was now completely bald. She was traumatized both physically and mentally, and was unable to go to work for two months.

Question 1. What elements/tests must Sally establish to establish a negligence claim?

Question 2. How should those elements/tests be applied to the facts of Sally's case in order to convince the Judge that Sally should win?

Question 3. What categories of damages should Sally seek and on what basis?

CONTRACTS
Joe and Dave are cousins. Dave has just been accepted into medical school but is worried about how he will pay for his tuition, books and rent. After going out for a cup of coffee and hearing Dave's concerns, Joe says that he will give Dave $500 per month in order to help with his expenses. Halfway through the school year, Joe decides that he would like to start saving for a new car and he tells Dave that he will no
longer provide him with $500 per month. Dave feels like Joe has breached a contract as is considering suing for breach.

Question 1. Specifically referencing the required elements for a valid contract to exist, please explain whether a valid contract exists here?

Question 2. If you conclude that a valid contract does not exist, what could Dave have done to ensure that the promise became legally binding?

Reference no: EM133192076

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