Paper instructions:
Memorandum
Your analysis should evaluate all potential cause of actions arising out of contractual disputes created by the facts in the above hypothetical. Your analysis should include all parties that may have a claim or that may be named in a claim. Also, please include a discussion of the different legal arguments and probable remedies and defenses.
“the case below
Memorandum
Your analysis should evaluate all potential cause of actions arising out of contractual disputes created by the facts in the above hypothetical. Your analysis should include all parties that may have a claim or that may be named in a claim. Also, please include a discussion of the different legal arguments and probable remedies and defenses.
“the case below
Tom met John for dinner and drinks at a local lounge in City of Nestle;
Over dinner, John offered to purchase a vacant lot next to Tom’s ice cream packaging plant from Tom, the property’s owners;
During the discussion, John clearly communicated that he was purchasing the property in order to donate the property to City of Nestle; for the purpose of building an amusement park
John offered Tom $100,000 for the vacant 20 acre parcel of land;
Tom, sensing a windfall (the property was recently appraised at $30,000), readily agreed to the sale of the land. Before leaving the table, John sealed the deal with a handshake and a Cashier’s Check for the amount $200,000. No other memorialization occurred;
The very next day, John announced, during a City Council Meeting, that he was granting; as a gift, all of his rights in the 20 acre parcel. John also stated that the property grant was for the sole purpose of constructing an amusement park. The city gladly accepted this donation and bestowed upon Mr. Johnson, five minutes of cheers and applause;
Being the statesman that he is, the following week, John entered into a contract with a nationally known roller coaster company, Radio Flyer Corp, to design and build the world’s scariest roller coaster. Sufficient consideration was given by both parties to the agreement;
At the same time John was executing his contract with Radio Flyer Corp; the City of Nestle entered into a multi-million dollar contract with an amusement park development company, Disney, to design and build a family amusement park. The agreement for the park development plan included the decision that the feature ride in the park would be the world’s tallest Ferris Wheel. Once again, sufficient consideration was given by both parties to the agreement;
Six months after all of the above referenced activity, the Disney announced that in an effort to consolidate spending, it would be co-locating all food production facilities to a parcel of land located directly across the interstate from the vacant land and ice cream packaging plant. The announcement sent real estate speculators crazy buying up land in the area. Within hours, the value of the vacant land in the area shot up to $30,000 per acre;
Hearing the announcement and seeing the rush to buy property in the area (along with record level property values), Tom decided to get the property back. They immediately hired an attorney to recover the land.
At the same time Tom’s attorney was filing suit to get the land back, the City of Nestle discovered John’s plans for the world’s scariest roller coaster. Their initial reaction was one of panic. They immediately sent John a note stating that he would not be allowed to construct the roller coaster on the park property;
Angered by the note, John filed a law suit against the City of Nestle demanding return of the property rights to the vacant land. Not being a huge risk taker, John also sent a letter to Radio Flyer, telling them to immediately suspend work on the roller coaster;
The Radio Flyer Corp then sued John and the City of Nestle for damages resulting out of the suspension, and later cancelation of the contract for the roller coaster. CLICK HERE FOR MORE ON THIS TOPIC
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