Question

Amira sells auto parts from her home. She usually sells the parts to her neighbors and friends. She has been doing this for a long time. Emma owns a factory that makes auto parts. Emma has sold auto parts to Amira each year for the past ten years. Both Emma and Amira try to do what everyone else in the auto parts business does, which is selling the parts and then installing them. One day, Amira decides that she wants more money. Amira still plans on doing business from her home. Amira asks Emma, “I will pay you what I always have paid you for your nicest auto parts. Just let me know” Emma doesn’t answer but, a week later, Emma delivers, at Amira’s mother’s house, half the number of fuel filters that she usually has delivered to Amira. Three weeks later, Emma delivers the other half of the fuel filters to Amira’s mother’s house. Emma then goes on the first vacation that she has ever taken in her whole life, leaving the country for twenty years. After both deliveries of the parts, Amira had found the parts at her mother’s house by accident. Amira does not even look at the filters until two months after Emma has already left for vacation and then finds that a third of them don’t work. By then, Amira has no way to contact Emma. Unfortunately, mechanic Melinda, whom Amira has hired sometime to install auto parts because Melinda always gives Amira a 50% discount in installation cost, also left the country just yesterday. Now, it is too late for Amira to ask Melinda to install the parts that do work properly. Amira tells Jordyn, another mechanic, about all the trouble Amira is having. Jordyn, without first telling Amira, goes ahead and installs the parts and sends Amira a bill for three times the usual installation fee. This is just the way that Jordyn does business. Jordyn knows that Amira has never paid anyone more than the usual installation fee, but Jordyn does the installation anyway because Jordyn was feeling lucky. Identify all pertinent legal issues, making sure to give the names of specific legal concepts and applying the facts to the issues. Also, what are both duties and rights that all the parties have? Make sure that you identify and explain all possibilities.

Answer 1