Smoke has once again found himself in a pickle. If Smoke orders 100 containers of sassafras
from "Sassy's Fras" for
a gumbo he's making for a wedding gig, and the special ingredient
does not show up on time
what can Smoke do? The answer is he can file a lawsuit. Smoke
was
expecting the ingredient by December 1st for the December 10th wedding but it did
not arrive in time.
The bride was livid: Smoke said he could make a shrimp creole but she
said
she had always dreamed of serving gumbo at the wedding and fired Smoke instead.
Smoke was set
to make a $10,000 profit on this wedding catering event.
1. Looking at the Complaint attached - draft a short complaint setting forth the parties, the
facts and what is
being asked for in damages. In this case, Smoke is the Plaintiff, Sassy is the
defendant.
2. Does Sassy have any defenses? What would those be? Hint - can Smoke just sit back and
do nothing after
Sassy cancels? What about the bride, can she sue too and why? Who
would she sue and why?
3. Do you think this case has a chance of settling before trial? Why or why not? What
would you ask for in the settlement - get creative here! Answer from all potential parties
perspectives.
4. Would you suggest taking this case to trial if you were Sassy or trying arbitration-or
mediation? Why?
