Here's a hypothetical for you(true story of course)...kinda like a law school exam question. Let's say you and I are pals. My truck is the shop having surgery. Since I don't want to walk to class today in the rain, you agree to drop me off at school and pick me up when class is over. In return I will provide you with some cynical humor to and from class. My presence is in itself worth a million bucks. When class is over I call to verify you're still picking me up. You don't answer. After previously turning down two different offers for a ride home, I get pissed and walk home in the rain trying to avoid getting mugged. I take a shortcut through the park and step in a knee deep puddle. My pants are soaked and my feet are squishing around in my shoes. When I'm halfway home, you call saying that you lost track of time because you were busy partying with co-workers. I now refuse to accept a ride home from you since I'm only a quarter-mile away. Have you breached the contract? If so what are the damages? Can I sue for negligence? Am I liable for contributory negligence for not accepting your new offer? Due to my severe stress, have you committed an act causing intentional infliction of emotional distress?
Should I rely on your offer to take me to pick up my truck tomorrow morning or should I call a cab?
I can feel the changes taking place in my transformation into thinking like a lawyer. I would have never thought of this crap in such a manner beforehand. At least my walk home tonight allowed me to review what I've learned so far in Torts and Contracts this semester.
Friday, October 19, 2007
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