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Current Law Students / Contracts hypo question
« on: December 10, 2008, 09:52:04 PM »
Hey ya'll

I was wondering if anyone can give me some insight as to the final part of this hypo from my k class. Thanks in advance.

Specifically, the nature and extent of any claims SPORTSLAND has against SPORTSWORLD

Fact pattern

Larry owns SPORTSLAND, a sporting goods store located at Lenox Shopping
Center. He entered into a contract with FRED'S AD AGENCY wherein Fred's agreed to
arrange for an airplane to fly over Turner Field during a Braves/Mets baseball game on
8/4/99 with a trailer reading: "QUALITY YOU CAN AFFORD - SPORTSLAND AT
LENOX." Pursuant to the contract, Larry paid the ad agency $900 in advance. Fred's
then contracted with ED'S FLYING ADS to fly the plane with the message over the
stadium for $600.
Larry went to the game on 8/4/99 and waited patiently to see the plane carrying
his message fly over the capacity crowd at the stadium. Finally, in the 8th inning, a plane
flew over with a trailer reading: "QUALITY YOU CAN AFFORD - SPORTSWORLD AT
LENOX." Sportsworld is another, competing, sporting goods store located at Lenox.
FRED=S ad agency admitted it gave ED'S FLYING ADS the wrong name and
promised to refund Larry's $900. A few weeks later, ED'S called Larry and demanded
$600 for flying the message over the stadium. Apparently, FRED'S had not paid ED'S or
most of its other creditors before closing its doors and skipping town. Needless to say,
Larry never received his refund. Analyze the nature and extent of any claims ED'S has
against SPORTSLAND; that ED'S has against SPORTSWORLD; and that


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