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John owns a UWM Brew Pub. Business has been slow because a competitor opened up

ID: 461606 • Letter: J

Question

John owns a UWM Brew Pub. Business has been slow because a competitor opened up down the street and they have better food and drink specials. Instead of trying to compete, John wants out of the bar business. He is at a party with a number of friends and says "I hate the bar business, I might sell if I could get anything over $250, 000 for my bar or something decent." Ryan hears it and says "I accept." The next morning Ryan calls John to ask when he can drop off his check for $250, 000 and pick up the keys to the UWM Brew Pub. John tells Ryan he's not selling so Ryan sues. Who wins and why? What defenses does John have and what arguments would Ryan need to make to prevail? 2. Holly owns Holly's Health Studio a gym that offers many types of fitness classes. One class that is offered is group weightlifting. One day the 9am class consists of 20 people and is veiy crowded. Immediately after the 9am class leaves the 10am class comes in. Between the number of people in the 9am and the fact that it is 102 degree outside the floor in the studio is full of water puddles of sweat. During the 10am class Billy slips on a puddle of sweat and falls into Susan who is his workout partner for that exercise. Billy twisted his ankle and Susan broke her arm when she tried to catch herself during the fall. Who can Billy sue and why? Who can Susan sue and why? What defenses exist for anyone you said could be sued?

Explanation / Answer

John wants to sell off his pub. He announced his idea of selling off his pub for anything over $250,000 and to which his Ryan readily agreed to buy. When Ryan called him the next day for dropping the check of $250,000, John conveyed his disinterest in selling his pub. The reason for his denial could be the following -

These could be the possible reasons for the John's idea of selling the pub.

Ryan will have his reasons too.

The Final Verdict: No where it is mentioned that John has agreed to sell the pub to Ryan. It was just an idea that John shared with his friends, and most importantly, that is just an oral thing that he shared. They did not share any agreement on the same. Without a written agreement, nothing is liable. Anything can be changed how many ever times till both the parties agree and write an agreement for the same. John wins the case.

2)  The accident happened due to the sweat puddles that were present on the floor by the previous class people. Obviously the sweat puddles don't have the names of the people from whom they were generated. Billy slipped due to those sweat puddles, and fell on Susan. It was neither the mistake of Billy nor Susan. It just happened. No body is at fault.

Neither the fitness studio could clean after every batch. No body does the cleaning after every batch of people move out. But, cleaning is possible in a fitness studio. No it will not happen. So, we cannot blame fitness studio too. There is nobody to be blamed for the Billy's fault.

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