1 Billy-Ray-Joe-Bob (BRJB) is an excellent hunter. He is constantly hunting whatever is in season in Missouri. Von is a lawyer from the big city and has trouble hunting down a turkey sandwich in a deli. Von’s law firm put him in charge of organizing a retreat to rural Missouri, where several of the partners like to hunt deer. Von took a trip to Missouri to scout out the possibilities and ran into Billy-Ray-Joe-Bob at Bud’s Place, the local tavern-bait shop-used car lot-laundry mat. The two talked about the firm hiring Billy-Ray-Joe-Bob as a guide for the hunting trip. They laughed at the thought since it would be a funny pairing of Billy-Ray-Joe-Bob and a bunch of city lawyers. Von says, “yeah, and we could pay you $400 per hour for you to guide us, ha, ha, ha.” Billy-Ray-Joe-Bob then says, “I bet you wouldn’t.” Von responds by saying, “oh yes we will, here…” and Von writes on a bar napkin, “the Sullivan Law Firm will pay Billy-Ray-Joe-Bob $400 per hour, 8 hours per day, to be a hunting guide for the firm retreat from November 25-30.” Von laughs and says, “see, here you go,” and handed Billy-Ray-Joe-Bob the signed napkin. Billy-Ray-Joe-Bob says, “Great, you’re on!”
Based on the conversation with Von, Billy-Ray-Joe-Bob contacts his cousin, Jim-Bob who owns prime hunting land in the area. Without asking Von, Billy-Ray-Joe-Bob forms an agreement with Jim-Bob to use his land to hunt when the lawyers arrive. In addition, Jim-Bob agrees to give Billy-Ray-Joe-Bob a commission on the rent the firm will pay Jim-Bob to hunt on his land. Billy-Ray-Joe-Bob’s commission will be 10% of the total rent, or $3,000. Additionally, Billy-Ray-Joe-Bob was asked to be a hunting guide for another group during the same week for $1,500. He turned them down, saying, “sorry, I can’t do it, I have a group of lawyers coming from the big city that week.”
In October, the law firm canceled its retreat. Von did not call Billy-Ray-Joe-Bob and no one from the big city showed up to hunt on November 25th. In December, Von received a summons and complaint from Billy-Ray-Joe-Bob’s lawyer, Billy-Jack (licensed taxidermist/attorney at law). The suit alleges a breach of contract by the Sullivan Law Firm and seeks damages.
a. Assume the Sullivan Law Firm did form and breach a contract with Billy-Ray-Joe-Bob, how much and what type of damages will they have to pay? In your answer explain the different types of damages and why certain types of damages would either apply or not apply.
b. If the court determines there is no enforceable contract between the Sullivan Law Firm and Billy-Ray-Joe-Bob, is there any other remedy that Billy-Ray-Joe-Bob could seek? If so, what and for how much?
c. Again, assume the Sullivan Law Firm formed and breached a contract with Billy-Ray-Joe-Bob. Can Jim-Bob sue the Sullivan Law Firm as a third party beneficiary to BRJB’s contract? In your answer discuss the classifications of third party beneficiaries and determine which classification would include Jim-Bob.
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