« on: February 28, 2006, 02:31:45 PM »
Here's a practice K hypo for your all.
On 2/5, V’s house was swept away by a tornado, which had not been predicted by any weather experts. One half of the painting work had been completed.
On 2/28, L refused to pay any money to U. She brought separate suits against V and against L.
On 4/1, V, who had contracted in a signed writing that same day to do specified landscaping during April for R for $10,000, sold his landscaping business to O. In connection with the sale, V wrote in a signed statement, “In consideration of O paying me $8,000, I, V, hereby transfer to O all rights and duties contained in my 4/1 K with R.”
Also on 4/1, V wrote in a signed letter to R, “I have sold my business and transferred my K with you to O. I am no longer responsible for any obligations under our K. Much good luck to you. P.S. This is not a joke.” R received the letter 4/3.
On 4/5, O notified R that it had declared bankruptcy and would not be doing any landscaping.
On 4/6, R brought suit against V for breach of K.
On 4/7, the trustee in bankruptcy for O sued V for breach of K.
1) U v. V and L - what are the issues and reasoning?
2) R and O v. V - what are the issues and reasoning?