Fact Pattern:
-Anthony was playing baseball in his yard and hit a ball too far into his neighbor’s yard. The ball struck a branch on a tree, causing the branch to fall and injuring Anthony’s neighbor, who was standing under the tree.
-Anthony’s neighbor initially threatens to sue Anthony, but the two agree to settle the matter out of court through an oral agreement. In particular, Anthony promises to pay $10,000 as long as the neighbor agrees not to sue him for negligence (you can assume both Anthony and his neighbor have legal capacity).
-Nevertheless, Anthony’s neighbor sues him for negligence.
1. Did Anthony and his neighbor have a valid contract? Explain by analyzing each element of a contract. Write an argument as if you represented Anthony and another argument as if you represented his neighbor.
2. Did Anthony’s neighbor breach the contract? Why? What remedies can Anthony seek? Write an argument as if you represented Anthony and another argument as if you represented his neighbor.
3. Even if the lawsuit could proceed, do you think Anthony’s neighbor would be successful? Analyze each element of negligence to provide an opinion as to whether Anthony’s neighbor will be successful. Write an argument as if you represented Anthony and another argument as if you represented his neighbor.
