Question

Assignment Fact Pattern: Mary Jones hires John Smith, who is 16 years old, to mow her 50 acre lawn for $50.00 by July 1st . After he is hired, John Smith’s business has picked up and he is unable to mow Mary’s lawn. Instead, he hires Gary Brown to mow Mary Jones’s lawn for him. Gary Brown shows up to mow the lawn but only mows ¼ of it, leaving without finishing the job. He never returns to Mary Jones’s home. Mary Jones hires a new landscaping company who finishes the job for her for $100. Part I: Draft a Summons and Complaint on behalf of Mary Jones based on the above stated fact pattern. This is a breach of contract action and therefore you must include the elements of a contract and fit the facts as presented, without assuming any other facts, into those elements, alleging that the contract was breached and why. Do not forget to ask the Court for a remedy and make sure that you include a legal and an equitable remedy to get full credit. Relevant questions to ask yourself as you are drafting the Complaint are as follows: a). how has the contract been breached; b). who has it been breached by; and c). what does Mary Jones want as a result of the alleged breach(es)? Part II: Draft an Answer and Counterclaim to the Complaint for either or both John Smith and/or Gary Brown. In other words, respond to Mary Smith’s allegations and allege any wrongs toward Mary Smith in the Counterclaim if you feel that either or both Defendants have such claims. Note that you must deny the claims made by Mary Smith and cannot simply mark “admit.” Then you will further explain your position and respond to each allegation made by Mary Smith. You must include in your Answer at least one (1) defense relating to the enforceability of a contract and one (1) defense relating to the discharge ability of the contract. Consider discussing whether the contract is enforceable or not in the Answer as a defense and how this particular contract may be dischargeable.

Answer 1

Mary Jones experienced a breach of contract by John Smith, who failed to mow her lawn. A summons and complaint would require stating the breach, while the defense could argue contract enforceability due to Smith's age. Regarding constitutional rights, the amendments involved are the Sixth, Seventh, Eighth, and Fourth in the given scenarios.

Step-by-step explanation:

Breach of Contract and Legal Remedies

The case in question pertains to a breach of contract action involving Mary Jones and John Smith. Mary Jones entered into an agreement with John Smith, wherein Smith was to mow her 50 acre lawn for $50.00 by July 1st. However, John Smith subcontracted Gary Brown to complete the task, who subsequently breached the agreement by only mowing ¼ of the lawn and failing to return to finish the job. Consequently, Mary Jones had to hire another landscaping company at an additional cost of $100 to fulfill the contract's requirements.

In the Summons and Complaint, Mary Jones must allege that the contract entailed a lawful agreement with valid consideration, and that John Smith failed to perform the services agreed upon, constituting a breach. The document should request legal relief in the form of damages for the additional $100 paid and equitable relief for any inconvenience caused.

The Answer and Counterclaim on behalf of John Smith and/or Gary Brown could potentially assert defenses related to the enforceability of the contract due to Smith's age of 16, or the discharge of the contract due to impossibility to perform. Any counterclaims may depend on facts that are not provided in the scenario.

Constitutional Rights and Amendments

In various legal scenarios, constitutional rights and relevant amendments must be taken into consideration. For instance, 1) Sara, having been arrested, has a constitutional right to an attorney as provided by the Sixth Amendment. 2) Mr. Jones has the right to a jury trial in civil disputes, as protected by the Seventh Amendment, though it may depend on the monetary threshold set by jurisdiction. 3) The proposed punishment for Carolyn violates the Eighth Amendment, which protects against cruel and unusual punishment. Lastly, 4) The ATF cannot search Mr. Reynolds' house or confiscate his weapons without due process or probable cause, according to the protections of the Fourth Amendment.