Choose one (1) case from the following list and write a brief on behalf of Plaintiff or Defendant.
Your grade will be based upon: (1) quality of writing and (2) quality of research (3) depth of analysis and legal reasoning. Please analyze your case carefully. It will be 5 pages with references.
21. Moss Construction agreed to build a skyscraper for Troomp Plaza in Mid Town Manhattan for $1 Billion. The terms of the agreement provided that Moss would have the right to design and build the building subject to Troomp approving the architectural specification before building commenced. Moss estimated that the cost of excavating the foundation would be approximately $20,000,000 based on geological surveys that the ground was light porous rock. When construction commenced, it turned out that the bedrock was granite and that it would require more equipment and time to excavate the site. In fact, it was estimated that the cost of the excavation would actually be $75,000,000. Moss demanded that Troomp reimburse them an additional $55,000,000 representing the actual cost of excavation. Troomp refused, saying a deal is a deal and the Moss was getting $1 Billion and not a penny more.
22. Due to high gasoline prices, S.L.A. Bakeries Company(SLA)considered converting its fleet of over 3,000 vehicles to a much less expensive fuel system. After negotiations with Randolph Gas Corporation (Randolph), S.L.A. signed a contract for approximately three thousand converter units, “more or less depending on the requirements of Buyer,” as well as agreeing to buy all propane to be used for four years from Randolph. Without giving any reasons, however, S.L.A. never ordered any converter units or propane from Randolph, having apparently decided not to convert its vehicles. Randolph brought suit against S.L.A. for lost profits on 2,242 converter units and the propane that would have been consumed during the contract period.
14. Marlene was the niece of Gertrude Smith and lived with her and her husband, Mort, for many years before marrying Tom. The Smiths were childless and were extremely fond of Marlene. After their marriage, Marlene and Tom moved to Canada but continued to have a close and loving relationship with the Smiths, regularly corresponding and frequently visiting them. Then Mrs. Smith had a series of strokes and Mr. Smith’s health began to fail, He wrote to Tom, telling him that Mrs. Smith wanted to spend her last remaining days with Marlene. He also wrote that his health was failing and that people were beginning to take advantage of him. He detailed all of the property that he owned and estimated his total worth at about $850,000. He said that if Tom and Marlene would come immediately and stay with them and help manage his affairs and take care of his wife, they would leave all of their money to them. He wrote that if they could come, Marlene would inherit everything and asked Tom to let him know as soon as possible. Tom wrote that they would come by plane as soon as possible. They began to make preparations to move to California, but before they could wind up all of Tom’s business affairs, Mort Smith committed suicide. Tom and Marlene immediately went to California, where Marlene remained with Mrs. Smith and cared for her for the next four weeks, until she died. Upon her death, it was discovered that the Smiths had bequeathed their estates to two nephews. Marlene and Tom sued for specific performance to have the court enforce the contract under which the Smiths were to bequeath their estate to Marlene.
COMPONENTS OF A BRIEF
(Analyzing a Case Study)
I. Statement of the Facts (Brief recitation of the facts)
II. Issue (Legal question)
III. Application (Apply the law to the facts)
IV. Decision (Conclusion)
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