singleblack_educated

Doug is the owner and operator of Doug’s Delivery, a local delivery service for small packages.

Doug always had daily deliveries for the residents of the gated community of “Lockemdown.”

Doug entered Lockemdown with several scheduled deliveries for the residents.

Dell Computer Company contracted with Adam for purchase of a new laptop computer. Dell contracted with Doug to deliver the computer to Adam, who resides at 1616 First Street in Lockemdown.

Doug, due to him suffering from dyslexia from an early age, went to 1661 First Street with the Dell computer. Doug pulled onto the driveway at 1661 and went to the door with the box that contained the computer. Doug rang the doorbell and Bob opened the door. Doug announced that he was there to deliver a new computer. Although Bob had not ordered a new computer from Dell, Bob signed Doug’s delivery receipt and took possession of the box containing the computer. Bob had in-fact ordered a new computer from Gateway Computer Company and was anticipating delivery and thought that his new computer was in the box.

Doug also had a delivery for the resident at 2112 Second Street. Again, Doug, because of his dyslexia, thought the deliver was intended for 1212 Second Street. As Doug was driving on Second Street, he noticed a large cardboard box sitting in the driveway of one of the residents, partially blocking Second Street in the opposite direction Doug was currently traveling. The box was open and to all appearances empty. In fact, there was lying flat on the bottom of the box, a valuable framed picture belonging to Edna, the owner of the box. While Doug continued on his way down Second Street, Frank, Edna’s two year old son, climbed into the large cardboard box. Doug pulled onto the driveway at 1212 and went to the door with the box to be delivered. Doug rang the doorbell and Charlie opened the door. Doug announced that he was there to deliver a package. Charlie stated that he was not expecting any deliveries and inquired as to the name and address on the package. After Doug and Charlie looked at and read the name and address, it became apparent that Doug was at the wrong address. Doug apologized to Charlie and went back to his delivery vehicle.

Doug headed in the opposite direction on Second Street. Frustrated with the time he had wasted going to the wrong address, Doug made no effort to avoid the cardboard box and negligently ran over it. In doing so, Doug damaged the picture and broke Frank’s leg. Frank’s mother, Edna saw the entire incident as she was emerging from her home to retrieve the remaining contents of the cardboard box. After seeing the incident and the resulting injuries to her son, Edna became very distressed and had to be hospitalized because of a heart condition.

1. What are Dell’s rights against Doug and what defenses, if any, should Dell anticipate? Discuss.

2. What are Dell’s rights against Bob and what defenses, if any, should Dell anticipate? Discuss.

3. What are Bob’s rights against Doug and what defenses, if any, should Bob anticipate? Discuss.

4. What are Charlie’s rights against Doug and what defenses, if any, should Charlie anticipate? Discuss.

5. What are Edna’s rights against Doug and what defenses, if any, should Edna anticipate? Discuss.

6. What are Frank’s rights against Doug and what defenses, if any, should Frank anticipate? Discuss.

Category: Bar Exam - General