Question

Bill and James entered into a contract. James is going to teach Bill how to play...

Bill and James entered into a contract. James is going to teach Bill how to play the piano for Marissa’s wedding. James breached the contract with Bill. Marisa sues James. What is the outcome? Support your answer with IRAC model.

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Answer #1

Issue:

Bill and James entered into a contract. James is going to teach Bill how to play the piano for Marissa’s wedding. James breached the contract with Bill. Marissa sues James.

Rule:

Only parties to a contract may sue each other, or enforce the contract. A stranger to a contract cannot sue upon a contract, or cannot enforce the contract. This is the Rule of Privity governing every contract.

Application:

The contract was between Bill and James. Marissa, not being a party to the contract, was a stranger to the contract.

Conclusion:

Marissa's suit would not prevail, and she would not succeed in recovering damages for James' breach of contract. Bill should have filed a suit against James to recover damages.

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