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Legal Research Assignment: Owners, Contractors and Subcontractors – Who Can Sue Whom?

   

Added on  2019-09-13

3 Pages711 Words245 Views
Name___________________MANDATORY LEGAL RESEARCH ASSIGNMENTOWNERS, CONTRACTORS AND SUBCONTRACTORS – WHO CANSUE WHOM?Directions: Answer all questions below. Perform whatever legal research is necessaryto find the answer. Follow all instructions. Type or print neatly. This assignment maybe done individually. Successfully completing this assignment will result in TWOPOINTS being added to your final numerical score. FAILURE TO DO THISASSIGNMENT WILL RESULT IN TWO POINTS BEING SUBTRACTED FROMYOUR FINAL AVERAGE. Due Date: DECEMBER 4, 2016, IN CLASS. Hardcopies Only – No E-mails. Allpapers for this assignment are to be stapled together as one document. You mustobtain your case using Westlaw.FACTSXiaoqi hires Star Contractors, Inc. as her general contractor to build a house on land thatshe owns in Rochester, New York. Star subcontracts with Jack’s Plumbing Co. to do theplumbing work on the house. Jack’s does inferior work that causes $50,000 in damagesand Xiaoqi now wants to sue Star and Jack’s for breach of contract. However, Star hassince filed for bankruptcy protection and so suing Star will not produce any money.Xiaoqi sues Jack’s for breach of contract, alleging that she is an intended third partybeneficiary of the subcontract, which would give her the right to sue Jack’s. Jack’smakes a motion for summary judgment, seeking a judgment dismissing the case on themerits, arguing that Xiaoqi is not an intended third party beneficiary (lack of privity) andtherefore she has no right to sue Jack’s. Assume that the written subcontract betweenStar and Jack’s did not specifically say anything about third party rights. Xiaoqi nowwants to know whether Jack’s motion will be granted or denied.1

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