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