Assignment Fact Pattern: Mary Jones hires John Smith, who is 16 years old, to mow her 50 acre lawn for $50.00 by July 1st . After he is hired, John Smith’s business has picked up and he is unable to mow Mary’s lawn. Instead, he hires Gary Brown to mow Mary Jones’s lawn for him. Gary Brown shows up to mow the lawn but only mows ¼ of it, leaving without finishing the job. He never returns to Mary Jones’s home. Mary Jones hires a new landscaping company who finishes the job for her for $100. Part I: Draft a Summons and Complaint on behalf of Mary Jones based on the above stated fact pattern. This is a breach of contract action and therefore you must include the elements of a contract and fit the facts as presented, without assuming any other facts, into those elements, alleging that the contract was breached and why. Do not forget to ask the Court for a remedy and make sure that you include a legal and an equitable remedy to get full credit. Relevant questions to ask yourself as you are drafting the Complaint are as follows: a). how has the contract been breached; b). who has it been breached by; and c). what does Mary Jones want as a result of the alleged breach(es)? Part II: Draft an Answer and Counterclaim to the Complaint for either or both John Smith and/or Gary Brown. In other words, respond to Mary Smith’s allegations and allege any wrongs toward Mary Smith in the Counterclaim if you feel that either or both Defendants have such claims. Note that you must deny the claims made by Mary Smith and cannot simply mark “admit.” Then you will further explain your position and respond to each allegation made by Mary Smith. You must include in your Answer at least one (1) defense relating to the enforceability of a contract and one (1) defense relating to the discharge ability of the contract. Consider discussing whether the contract is enforceable or not in the Answer as a defense and how this particular contract may be dischargeable.
Assignment Fact Pattern: Mary Jones hires John Smith, who is 16 years old, to mow her 50 acre lawn for $50.00 by July 1st . After he is hired, John Smith’s business has picked up and he is unable to mow Mary’s lawn. Instead, he hires Gary Brown to mow Mary Jones’s lawn for him. Gary Brown shows up to mow the lawn but only mows ¼ of it, leaving without finishing the job. He never returns to Mary Jones’s home. Mary Jones hires a new landscaping company who finishes the job for her for $100.
Part I: Draft a Summons and Complaint on behalf of Mary Jones based on the above stated fact pattern. This is a breach of contract action and therefore you must include the elements of a contract and fit the facts as presented, without assuming any other facts, into those elements, alleging that the contract was breached and why. Do not forget to ask the Court for a remedy and make sure that you include a legal and an equitable remedy to get full credit. Relevant questions to ask yourself as you are drafting the Complaint are as follows: a). how has the contract been breached; b). who has it been breached by; and c). what does Mary Jones want as a result of the alleged breach(es)?
Part II: Draft an Answer and Counterclaim to the Complaint for either or both John Smith and/or Gary Brown. In other words, respond to Mary Smith’s allegations and allege any wrongs toward Mary Smith in the Counterclaim if you feel that either or both Defendants have such claims. Note that you must deny the claims made by Mary Smith and cannot simply mark “admit.” Then you will further explain your position and respond to each allegation made by Mary Smith. You must include in your Answer at least one (1) defense relating to the enforceability of a contract and one (1) defense relating to the discharge ability of the contract. Consider discussing whether the contract is enforceable or not in the Answer as a defense and how this particular contract may be dischargeable.
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