Scenario 1
Johnny Bishop drove his Cadillac Escalade into a tree in the middle of the night at a speed of approximately twenty-five miles per hour. When the SUV struck the tree, the passenger compartment collapsed, and Johnny was seriously injured. Johnny was arrested for driving while intoxicated with a blood alcohol content of at least 0.15%. Johnny brought a product liability action against Ford on the grounds that the car was not crashworthy. Johnny also filed another law suit against the bar for selling him the alcohol.
Provide the arguments that each party involved (Johnny, Cadillac, and the bar) will make at trial. How should the court rule? Provide support for your decision.
Scenario 2
Provide relevant laws and cases to support your comments made about the two scenarios below and discuss the status of the contract:
- Jimmy, an 80-year-old with dementia, signed a contract to sell his house to Barbara, an attractive, 25-year-old woman, in exchange for care for the rest of his life. Jimmy's children seek to have the contract nullified.
- Donna loaned money to her boyfriend John so he could buy a motorcycle and he died while riding the motorcycle before he could paid back the loan. Donna claims she spoke to John's father and he agreed to pay back the debt. John's father ultimately did not pay back the debt. Can Donna recover the money? Why or why not?