Reference no: EM133423879

Question: After an argument with his wife, Russell Pelo bought a shotgun and made threats of self-harm. In accordance with state law, he was detained in a hospital psychiatric unit for examination after a judge found him seriously mentally impaired. After Pelo was released, he refused to pay the hospital bill or allow his health insurer to pay for it. When sued for the hospital bill Pelo said he should not have to pay because he did not want to be hospitalized. Must he pay for services he did not want? 2. Roy Gilbert was an expert witness in a toxic tort lawsuit. When Gilbert sent his final bill to attorneys Akins & Pettiette, they did not pay, so Gilbert's lawyer sent a letter demanding $5,448.25. Akins & Pettiette sent a check for $5,448.25 that stated: "Endorsement of this check constitutes...indemnity...of any and all claims and/or causes of action that arise or may arise out of" the toxic tort case and the present case. Gilbert rejected the check. The lawyers claimed he breached a contract to settle for $5,448.25. Did he? 3. Seventeen-year-old Charles Edward Smith bought a car from Bobby Floars Toyota. Smith made 11 monthly payments on the car, of which 10 were made after he turned 18. He then took the car back to Floars. The car was sold, but for less than Smith owed on it and Floars sued him for the difference. Smith claimed that returning the car 10 months after reaching his majority constituted a timely dissaffirmance of the contract. What do you think the court should find? 4. Gordon Hayes offered Kathleen Hunter a job, to begin on a specified date, as a flag girl on a construction job. He also told her to quit her job at the Telephone Company. Hunter did quit her job, but Hayes did not employ her, and she was out of work for two months. She sued Hayes for her lost wages. Hayes said there was no consideration for his promise, therefore it was unenforceable. How should the court decide? 5. As an employee at the New Hampshire State Prison, Catherine Barney made contributions to the New Hampshire Retirement System (NHRS). Several Years later her employment was terminated. Under financial pressure, Barney withdrew her retirement contributions after reading and signing an application which stated that she waived all her rights to any funds from NHRS. When she later believed she would have been eligible for disability benefits Barney claimed her withdrawal constituted a unilateral mistake. Was it? 6. Robert Lawlor was an officer of K-Brew, Inc. K-Brew owed money to Allen Foods, Inc. Lawlor wrote out four personal checks to Allen, but they bounced. Timothy Mahoney, credit manager for Allen, dealt with the police in seeking to arrest Lawlor for passing the bad checks. Lawlor signed a note to pay K-Brew's debt over time so in return for the note Allen dismissed the criminal charges with the police. When Lawlor did not continue to make payments on the note Allen sued him for payment. Is this agreement to pay enforceable? 7. George Booth contracted to renovate a kitchen for Ray Parker. Parker sued Booth for failure to complete the job in a workmanlike manner, alleging that recovery should be the amount paid to have the kitchen work redone by others. Booth alleged that damages for defective performance should be the difference between the value of the performance contracted for and the value of the performance actually rendered. What is the correct measure of the damages?