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Question: Westerfield contracted with Bradley Building


Westerfield contracted with Bradley Building Company for the construction of a ranch house as a wedding gift for his daughter. Before construction began, Westerfield died and Bradley announced that he would not build the house. Westerfield’s daughter brought suit in her own name to compel Bradley to build the house as it had contracted to do.
a. Does the daughter have any rights in the contract between her father and Bradley Construction Company?
b. Can the daughter, a third-party beneficiary, seek to have the court force Bradley Construction Company to construct the house or to pay damages to the daughter?


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> Miro, the owner of a supermarket, contracted with Market Supply Company for one complete checkout counter, including a cash register. After the counter was installed, but before the cash register was delivered, Market Supply Company demanded payment for

> Rios furnished Stern, a carpenter, with a set of sketches for a cabinet she wanted built. They orally agreed on a price of $1,000, the type of wood to be used, and the delivery date. Before Stern had begun work or obtained the necessary materials, Rios c

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> The town of Homesdale passes an ordinance that requires all retail establishments to remain closed on Christmas Day. Several groups sue, arguing that the ordinance is unconstitutional. a. Does the ordinance violate the First Amendment of the Constitution

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> A television station aired a broadcast containing insulting remarks about a local official. The official had the broadcaster charged under a state statute that prohibited making defamatory remarks on public airwaves. The broadcaster argued that the statu

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> Leffingwell engaged the Bartwell Tree Removal Service to cut down and remove a diseased tree from her property. When the work began, it was a calm day. As the work progressed, however, a high wind arose and blew a portion of the tree onto a neighbor’s ca

> Gelfis owned and operated Welltech, a janitorial service company that provided services to a number of city and state agencies. Eager to expand his firm and increase his profits, he approached Biondi, the director of purchasing for a state agency, and of

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> Zaks, the owner of a hairstyling salon, Locks Unlimited, applied for a bank loan to buy new hairdryers and other equipment she felt were needed to attract new customers. To enhance her chances of getting the loan, she told the bank that she owned conside

> Williamson owned and operated a restaurant named Plum Pudding. His restaurant had a difficult time competing with Green Apple Snak Shoppe, located across the street. It seemed that whenever Plum Pudding offered a new special price on a particular meal, i

> The Sock ‘n’ Rock Music Store was located in a small shopping mall. In an effort to attract additional customers, the manager of the store installed an outdoor loudspeaker and played rock music at high volume. Nearby stores in the shopping mall objected,

> Goldman, an ex-convict, was employed in the accounting department of Rogers Products Incorporated. None of his coworkers was aware of his previous conviction and imprisonment, although the president of the firm and Ruiz, the human resources manager, knew

> Billings lived in a community that required a building permit before any major alterations could be made to residential property. Billings refused to obtain the permit and proceeded to build a garage on her property. a. Can the city agency responsible fo

> For three years, Patterson operated a small restaurant and enjoyed a growing business. His customers were pleased with the food and service. One day an inspector from the city’s board of health visited the restaurant to inspect the sanitary conditions in

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> Maas owns a company that manufactures children’s toys. The Consumer Product Safety Commission develops a regulation that requires companies to label any toys containing certain types of plastics, together with a notice of the health dangers of those plas

> Workers’ compensation claims by employees injured at the workplace allow for compensation for lost wages and medical expenses while employees remain unable to work. Rachelle was injured at work and received workers’ compensation, including wages while sh

> Explain the passage of title to fungible goods.

> Jones, a popular radio personality, uses the name “Rocky Shores” on his show. The name “Rocky Shores” has been registered for trademark protection by the station’s owner. In addition, the station has developed a contest format for Jones’s show called “Tw

> We Are Travel Corp., a retail travel agency doing business in Pennsylvania, regularly sent computer messages to all persons who signed onto the firm’s mailing list. In addition, the company sent e-mail to all persons residing in the same town as the agen

> Schroeder, a student at Plymouth College, entered a computer lab on campus, overrode the password system, entered the college’s computer without authorization, and changed her grade in a Business Law course from D to a B+. a. Can Schroeder be charged wit

> Dragos was interested in obtaining memorabilia relating to her favorite 1980s heavy metal band, Deaf Panther. Through a search engine, Dragos found a company called WebPix, which offered autographed photographs of various celebrities, including Deaf Pant

> Legin, a professional writer, discovered that substantial amounts of a copyrighted article he had written 10 years earlier were included in a commercially published textbook written by Gant. When Legin confronted the publisher of the book, the publishing

> Hanna developed a refreshing drink using banana extract. She started a business, the Hanna Soft Drink Corporation, and began bottling and selling her soft drinks under the name “Hanna Banana.” After a short time, she realized that she would need to prote

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