Taylor Swift was a great singer. In fact, Taylor was so spectacular that she had built her
Question:
But first, they needed a house they could call a home. Ergo, Taylor called up Rick's General Contracting:
Rick: "Rick's General Contracting, this is Rick (burp), how can I help you?"
Taylor: "And I will always love houses, will always love houses. Houses."
Rick: "Can I help you, ma'am?"
Taylor: "Yes, I need you to build me a house. I own a plot of land at 475 Blank Space Lane, right here in town."
Rick: "I think we can help you out with that [. . .]"
Two weeks later, after many face-to-face meetings, it was decided the house would be built on Taylor's land. The contract stated: "Rick's General Contracting Service will build one house for Taylor Swift on the lot located at 475 Blank Space Road. Construction is to begin January 1, 2023, and will be completed by June 1, 2023. In return for the completion of the house, built to the specifications to be decided upon at a later time, Taylor Swift will pay Rick Sanchez of Rick's General Contracting Service $500,000.00." The contract was signed by both Rick Sanchez and Taylor Swift.
Morty at School
It turns out Rick Sanchez wanted to put his grandson, Morty Smith, through a prestigious design school in New York. He had always wanted to be a great artist, and Rick continually supported his endeavors.
So after construction had begun, Rick called up Taylor Swift with the following request: "I want to send my (burp) grandson to art school in New York, but it will be expensive. Morty does not know about this, but rather than paying me, please pay any money directly to my grandson, Morty. "
Taylor simply stated: "Get the job done to me and Calvin's satisfaction and we'll see."
Rick then hung up the phone and went back to enjoying his Szechuan sauce.
Rick at Work
Come February 1, 2023, the house was still being constructed. "What was I thinking?" thought Rick. "From the gold-plated toilet seats to the waterfall, I do not have the skills needed to the job!"
Thus, Rick hired an outside contracting firm to take over the responsibilities for building Taylor's house. The outside firm was "Jerry Smith General Contracting."
Rick and Jerry had a formal contract where Jerry would complete the house, according to the terms of the contract, and Rick would pay Jerry $400,000.00 upon completion of the home.
Deep down inside, Rick always had a feeling he would have to hire outside help (even when he was signing the contract with Taylor Swift).
Taylor at Home
It turns out Taylor had very specific demands for the home. From the gold-plated toilet seats to the waterfall (supra), she was particular about her new home. In fact, one of the specifications was that only copper pipes were to be installed throughout the house.
Jerry, however, thought Ms. Swift was simply being picky. Thus, he installed aluminum pipes throughout the home, rather than copper pipes. "She will never notice," he said. "Besides, the standard these days is to install aluminum pipes, not copper."
What's Love Got to Do With It?
It was the morning of June 5, 2023, and Jerry was putting the final touches on Ms. Swift's home. Suddenly, Taylor drove up the driveway wildly, with Calvin in the front seat. Jerry approached Ms. Swift, keys in hand.
Jerry: "Here are your keys, Ms. Swift. Enjoy your new house!"
Taylor: "Ha! You didn't get done in time, sucka! I ain't paying a dime for this house! Who are you anyway?"
Ms. Taylor Swift then swiftly sped off in her green Toyota Prius, glad that she received a house for free.
Missing You
It was only later that afternoon that Ms. Swift found out that the house had not been equipped to her specifications (i.e. the aluminum pipes). Because of this defect, she refuses to even live on Blank Space Lane. Additionally, Taylor has refused to answer phone calls from Rick Sanchez. Calvin, meanwhile, had no problem with the home. Morty had to forego school for another year, and pay another year's rent to his landlord, Beth.
Rick has not been paid.
Jerry has not been paid.
Morty has not paid.
Calvin has no place to live.
Taylor has not been heard from in days.
Busboy
Yup, it's your job to clean up this contractual food-fight.
You are to give a detailed analysis of the above situation. Who should sue? Why? Who should be sued? Why? Who will win? Who will lose? Does this person even have a right to enforce the contract? What specific doctrines will come into play? What formula will you use to calculate damages, if there are any damages? Is there any more information that would be helpful in your assessment of the contractual relationships?
I also want to see hearty discussion with others. Is there something they could have made clearer? Is there something that they missed? Is there a better way you could help your colleague achieve the right result?
Make sure to incorporate concepts not just from this Chapter, but from previous chapters as well. I want to see thoughtful and organized analysis (try not to vomit up idea after idea about the situation; that is fine when you are organizing your initial answer and applying IRAC to the different parties, but it has no place in your final analysis.