Dennis Young has been professional farrier (a person who shoes horses) since he was 14 years old. He grew up on his dad’s farm, and along with raising cattle and livestock, his dad had a stake in racing horses, so Mr. Young acquired his farrier skills at a very young age. Now, at age 36, Mr. Young has made quite the reputation as being the “go to guy” for farrier service. Because of his skill, he regularly receives calls from around the country from people who are interested in having their horses cared for by the best.
Recently, Mr. Young received a phone call from a woman in Washington State requesting his services. She introduced herself as Mrs. Debra Novac. She told Mr. Young that she had a stable of 35 purebred horses and that they needed farrier service for show. In her conversation with Mr. Young, Ms. Novac requested standard trims and shoes for all 35 horses. They agreed upon a price of $175.00 per horse, plus any additional expenses for travel, hotel, meals, etc. In their conversation, they agreed upon a date for Mr. Young to drive from his ranch in California to Waitsburg, in Walla Walla County Washington to shoe her horses. The night before the appointment, Ms. Novac called Mr. Young and cancelled. Mr. Young had already driven the 450 miles to Waitsburg, and had paid for his hotel for the week, which was non-refundable, given the timeframe of the reservation was already past the grace period for cancelation. Mr. Young lost a total of $1,810 in day wages, travel expenses and hotel charges because she cancelled on him at the last minute.
Mr. Young now wants to take Ms. Novac to small claims court, but is unsure as to which court he should make the claim, given that the client lives in Washington, and he is unsure of the jurisdiction laws. There are other considerations as well that he is concerned about; and he is unsure as to what to do at this point.
Questions For Your Paper:
- Explain the situation in your own words.
2. Does Ms. Novac owe him the $1,810 dollars lost in day wages and travel expenses? Why or why not? Explain your answer.
3. Given the circumstances of this case, which state should have jurisdiction over this verbal agreement, Washington or California? Explain your decision in detail.
4. Given that this was a verbal agreement between Mr. Young and Ms. Novac, how can Mr. Young prove the terms of this verbal agreement? What evidence can he collect to show a court of law that there were agreements in place prior to his driving to Waitsburg Washington?
5.*This verbal agreement should have been in writing, which would cover it under the Statutes of Frauds, but also, make the details of the agreement concrete. Prepare ONE formal contract between Dennis Young and Debra Novac, for professional farrier services provided by Mr. Young. Include all of the areas below, to include a signature area and date. (Use today’s date.)
- Nature of Scope of the work to be done
- Terms of the contract
- All payments and expenses incurred covered under the contract
- Any provisions required
- A cancelation clause
- Waiver of Liability
- Choice of Law and Arbitration clause
6. In conclusion, what other advice would you give to Mr. Young concerning his business going forward?
*Note: This is just an exercise. Any contract developed for use by any business should be reviewed by counsel to ensure that all aspects of the contract are legal. This exercise is strictly for the purposes of getting used to the various terms and conditions found in a business contract.
Research – (Please use the following as staring points for finding additional resources for your paper.)
Jurisdiction and Choice of Law:
Choice of Law Law and Legal Definition
Choice of Law Provisions in Contracts
Washington State Court – Small Claims
California Courts – Self Help Small Claims
Find the Right Court to File Your Claim
Small Claims Advisors –By State
Preparation for the Court:
Preparing for a Small Claims Court Case: What and Who to Bring With You to Small Claims Court
https://www.thebalance.com/preparing-for-a-small-claims-court-case-398538?utm_term=small+claims+court+oregon&utm_content=p1-main-1-title&utm_medium=sem&utm_source=gemini_s&utm_campaign=adid-b90bbafd-9d6b-48fa-8c7c-70600406ed92-0-ab_tsb_ocode-34406&ad=semD&an=gemini_s&am=broad&q=small+claims+court+oregon&o=34406&qsrc=999&l=sem&askid=b90bbafd-9d6b-48fa-8c7c-70600406ed92-0-ab_tsb (Links to an external site.)
USE THE FOLLOWING WEBSITES AS EXAMPLES FOR WRITING YOUR OWN CONTRACT CLAUSES FOR THE PURPOSES OF THIS ASSIGMENT:
**The Contract: Potential Issues and Sample Clauses
A cancelation clause
Waiver of Liability Clause
Termination of Contracts
Arbitration Clauses in Contracts
(** Incredibly powerful website to use for both this assignment, and you our own personal business.)