Question I – Explain some of the hurdles litigants have encountered when it comes to the Endangered Species Act and standing to bring a lawsuit.
Question II – A contract is made between two parties. The terms of the contract are complete and unambiguous. A dispute arises between the Parties. Party A wants to pull out of the contract without penalty. Party B argues that Party A’s proposed action is prohibited by the express terms of the contract. Party A argues that the Parties verbally agreed to ignore that provision of the contract that would impose a penalty on Party A. Which Party will prevail and why?
Question III – Claire is severely injured in a car accident. The local hospital cannot treat Claire’s injuries. In order to survive, Claire must be flown via Helicopter to a hospital in a bordering state. Prior to boarding the helicopter, Claire signs a contract obligating her to pay for the helicopter flight and all of its expenses. Claire lives and fully recovers. However, she is being sued by the helicopter company in the amount of $50,000 for the helicopter transportation and its accompanying expenses. What is argument Claire could make in order to rescind the agreement? Does it matter that the helicopter company performed its obligation under the contract?
Question IV – Sheila Seller and Bobby Buyer enter into a contract where Bobby agrees to buy widgets for $0.10/unit at 500 units per shipment. The contract states that there shall be a minimum of 6 shipments between the parties. Bobby’s payments are late on the first 3 shipments, and Bobby does not make the payment on the 4th shipment. In the parties’ contract is a liquidation clause, which states that if either side is unable to perform his or her duties under the contract, then the other party shall receive damages in the amount of $100,000. Should the court enforce this liquidated damages clause?
