Anthony was playing baseball in his yard and hit a ball too far into his neighbo

Question

Anthony was playing baseball in his yard and hit a ball too far into his neighbor's yard. The ball struck a branch on a tree, causing the branch to fall and injuring Anthony's neighbor, who was standing under the tree.

Anthony’s neighbor initially threatens to sue Anthony, but the two agree to settle the matter out of court through an oral agreement. In particular, Anthony promises to pay $10,000 as long as the neighbor agrees not to sue him for negligence (you can assume both Anthony and his neighbor have legal capacity).

Nevertheless, Anthony’s neighbor sues him for negligence.



Did Anthony and his neighbor have a valid contract? Explain by analyzing each element of a contract. Write an argument as if you represented Anthony and another argument as if you represented his neighbor.

Did Anthony’s neighbor breach the contract? Why? What remedies can Anthony seek?

Write an argument as if you represented Anthony and another argument as if you represented his neighbor.

Even if the lawsuit could proceed, do you think Anthony’s neighbor would be successful? Analyze each element of negligence to provide an opinion as to whether Anthony's neighbor will be sucessful

Explanation / Answer

NO,ANTHONY AND ANTHONY'S NEIGHBOR DOES NOT HAVE A VALID CONTRACT BECAUSE ONE OF THE ELEMENT FOR A VALID CONTACT IS WRITTEN AGREEMENT WHICH IS NOT PRESENT AS IT IS IN ORAL FORM.

SINCE THE ORAL AGREEMENT IS NOT VALID CONTRACT ,THUS IT DOES NOT BOUND ANTHONY'S AND HIS NEIGHBOUR TO EACH OTHER LEGALLY.

SINCE THERE IS NO FORMATION OF CONTRACT THUS THERE IS NO BREACH OF CONTRACT ALSO.

ARGUMENT IN FAVOUR OF ANTHONY - HE DOES NOT HAVE ANY INTENTION TO HURT HIS NEIGHBOUR AND HE DOES NOT KNOW THAT BRANCH OF THE TREE WILL FALL ON HIS NEIGHBOUR

ARGUMENT IN FAVOUR OF ANTHONY'S NEIGHBOUR - ANTHONY SHOULD KICK HIS BALL CAREFULLY SO THAT BALL SHOULD NOT REACH OUTSIDE HIS YARD OR HE SHOULD PLAY IN THE BIG PLAYGROUND WHERE HE GETS SUFFICIENT AREA TO PLAY.

AS PER MY OPINION ANTHONY'S NEIGHBOUR WILL SUCCEED IN ITS LAWSUIT BECUASE ARGUMENT IN FAVOUR OF ANTHONY'S NEIGHBOUR SEEMS TO BE MORE RIGHT.IT IS THE NEGLIGANCE FROM THE PART OF ANTHONY'S SIDE.HE SHOULD KICK HIS BALL CAREFULLY SO THAT BALL SHOULD NOT REACH OUTSIDE HIS YARD OR HE SHOULD PLAY IN THE BIG PLAYGROUND WHERE HE GETS SUFFICIENT AREA TO PLAY.THERE IS NO NEGLIGANCE FROM HIS NEIGHBOUR SIDE AS HE WAS STANDING IN HIS OWN YARD UNDER THE TREE

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