1. What did the contract between Herring and the Bowmans require Herring to do? What is the significance of these provisions?
2. On the issue of liability, in whose favor did the court rule? Why?
3. What theory of contract interpretation supported the court’s reasoning?
4. If the agreement between Herring and the Bowmans had been a lease, would the result have been the same? Explain.
On April 18, 2009, [Diana] Person was injured when she was thrown from a horse- drawn buggy at Summit Stables in Puyallup [Washington]. She was riding in the buggy while Alex Herring was operating it. The horse pulling the buggy, Toby, was the subject of a purchase agreement Alex’s mother, Tammy Herring, and Stacy Bowman executed on October 4, 2006.