Spring, 2001

Group 2 Problem

(Dawson, Chair)

Nick, who lives in Florida, frequently travels for his mortgage lending company.  Because he travels frequently, airlines send him free tickets.  Nick sells these free airline tickets through the classified ads section of the Tampa Tribune.  Andy, who lives in California, sees the classified ad on the Tampa Tribune’s website.  Andy orders four airline tickets from Nick over the telephone (value $1,100).  Andy requests that Nick mail the airline tickets Cash on Delivery (“C.O.D.”) to California.  Nick sends the tickets C.O.D. through a local FedEx office.  FedEx delivered the package to a person at the address Andy provided Nick.  When Nick received the C.O.D., he discovered that the cashier’s check that FedEx normally requires for C.O.D.’s was really a “trucker’s check” and not a cashier’s check.  Nick inquired about the “trucker’s check” and learned that it is similar to a personal check and that there were no funds available in the account to cash the check.  The person living at the address in California moved.  Nick attempted to recover the value of the package from FedEx, but FedEx informed Nick that they have limit of liability of $100 and they would reimburse him that amount.  Nick has since moved to Illinois to attend law school and is considering filing suit. 

CONTRACT LAW

Nick v. Andy

Florida:

·        K created over the phone; Nick was as a “business” in FL; acceptance in FL

·        Horn: COLR; where the K originated

·        Milliken: preformed by paying; dispute over where the last act was (ie: where was the K breached)

California:

·        Performance completed when package delivered

·        Horn: Andy created the K there

·        Milliken: preformed by paying; dispute over where the last act was (ie: where was the K breached?)

Illinois:

·        If there is a COLR that reverts to any of the other states

Nick v. FedEx

Florida:

·        K formation b/c FedEx agent in FL and signed in FL

·        Horn: creation

·        Milliken: the K was completion when Nick received the bogus check

California:

·        breach may have occurred in CA b/c the delivery guy screwed up by accepting the bogus check

Delaware:

·        May have a disclaimer for COLR

TORTS LAW

Nick v. Andy

Florida:

·        the place where the injury occurred is where the right vested

·        lex loci delicti

·        Carroll: take the last in the chain of events—when Nick realized that it was a bogus check

·        Alabama Southern RR: where the injury occurs

Illinois:

·        lex fori

·        transitory cause of action

·        Loucks: a tort in one state created a right to sue in another state

·        Mertz: transitory cause of action; injury goes with the injured

California:

·        Lex loci delecti

·        injury occurred—package was effectively stolen

·        Alabama Southern RR: where the injury occurred

Nick v. FedEx

California:

·        FedEx negligently accepted bogus check

·        Lex loci delecti

·        injury occurred—package was effectively stolen

·        Alabama Southern RR: where the injury occurred

Illinois:

·        injury follows Nick

·        Lex fori

Florida:

·        the place where the injury occurred is where the right vested

·        lex loci delicti

·        Carroll: take the last in the chain of events—when Nick realized that it was a bogus check

·        Alabama Southern RR: where the injury occurs