1. Brittany contacts Frank’s Furnace Company about fixing her furnace. Frank offers to fix the furnace for $1,200 and says he will come to the house to provide the service on May 3rd. Brittany says, “I accept your offer, but I need you to fix the furnace by May 2nd.” Frank does not reply, and does not come to fix the furnace. Brittany sues Frank. What result?
a. Brittany wins, because Frank breached.
b. Frank wins because there is no consideration
c. Frank wins.
d. Brittany wins, because Frank did not perform when he said he would.
2. All of the following are elements of negligence EXCEPT:
a. Duty
b. Breach
c. Damages
d. Causation
e. Intent
3. Scrappy’s Whale Watching Adventures is located on the Oregon coast. Scrappy takes tourists out to the Ocean to watch whales. One day, Scrappy knew that bad weather was anticipated, but his company could not afford to cancel trips, so he chose to take the tourists on the trip anyway. The tourists were trapped in the Ocean much longer than anticipated and some had to seek counseling due to the trauma of being on the board during the storm. What is the tourists’ best claim against Scrappy?
a. Negligence
b. Trespass
c. Assault
d. Defamation
4. Same facts as above. If Scrappy cancelled the tour and breached a contract with the tourists, what is his best defense?
a. He did not have capacity to drive the boat in poor weather conditions
b. Impracticability or Impossibility
c. To drive the boat in poor conditions would only be a result of undue influence.
d. Negligence