Problem
I. Little Miss Lee started racing junior mopeds competitively since she was 12-years old. Race race track/event owners often asked her to sign an exculpatory clause within the racing contract. Little Miss Lee always signed such clauses which clearly states that the race track/event owners are not responsible for any minor injuries or any damages to racer's mopeds.
On August 12, 2022, right before her 16th birthday on August 14, 2022, Little Miss Lee participated in the annual Downtown Grand Prix, a series of races in different states where stated determine age that persons can enter these racing contracts either by being the legal age required of the state or if they had written parent's permission to do so. During this event on August 14, 2022 in a state where persons can enter these races from age 16 without parent's permission, Little Miss Lee entered the race. There was a lot of traffic getting to the event so Little Miss Lee had to rush to get to her race while her parents tried to find parking. She was 30 minutes later than the time all racers had to check in, but because the event owners knew both her and her parent really well from many years of racing, they still allowed her to participate. They quickly gave her the forms with the exculpatory clause so it could be signed while she was setting up to race. They also verbally went over the contract terms while she was getting ready and left it with her to sign and leave at the pre-race counter on her way to track. Little Miss Lee smiled as the contract terms were being told to her and said that she will leave the document on her way out to the track because she was rushing to get ready and could not stop to sign it at that moment in time.
Once Little Miss Lee got to the track and rushed on her moped to start the race, in less than 2 minutes she drove into a foam padding that was used as a course barrier and it was torn from its base so she ended up on the side of the track. A portion of the padding struck Little Miss Lee on the head, and another portion was thrown to the side of the track with her moped. The foam was well padded so although Little Miss Lee had some pain and bruises from the crash, she was not severely injured. However, a significant part of her moped was damaged. She was rushed to the hospital mostly to bandage minor cuts and for observation. About a month later, Little Miss Lee filed a lawsuit against the race track/event owners for the cost of her hospital bill and the repair of her moped. The race track/event owners were shocked. They then looked for the exculpatory clause that Miss Suzie Lee signed but could not locate it as it must have still been with her due to the rush associated with her late start. They argued that she verbally expressed agreement with the contract and clause which were also read to her while getting ready for the race. Those items stated that the racers, not the race track/event owners, are fully if occurred. They argued that Little Miss Lee must have signed one to enter the race, as everyone does, so she must have kept it and not returned it because she arrived late and was rushing to join the race that they still permitted her to enter although she was 30 minutes late; this was allowed as a courtesy due to the long relationship they had over the years. They also argued that if she had not signed the contract or clause, her actions of expressing her agreement showed her intent to be bound by terms of the race contract and clause, and therefore, they did not have to pay for her injuries or the moped as those are the terms of the contract.
Task
Using the information presented in the chapters about the elements of a contract, did Little Miss Lee have the contractual capacity to enter into the contract? Are the race track/event owner responsible because of the contract as expressed and the terms were clearly noted? Explain why or why not? Y our response must be at least a paragraph.
II. Bradshaw lives with his uncle Henry for over 6 months because he was not happy where he lived prior or with the job he held at that time. Henry is an elderly man and Bradshaw decided he will help out his uncle by officially by providing him home-aide support; Bradshaw also gives him good advice around health and wellness because of his extensive experience is health, nutrition and fitness. Henry is fond of his nephew, has been much healthier with him around because of his advice and guidance in this area, and he has become very used to the way things run with him there; so Henry hired Bradshaw to be his professional home attendant and health-aide and pays Bradshaw for the care.
Bradshaw found Henry's will in a cabinet during his third month while living at the house, and was pleasantly surprised to learn that in addition to this large home, Henry was much more well off than he thought by owning multiple properties and investments. However, Henry had allocated most of these assets to other family members who were not close in proximity to where they lived. Because of that, for the past 2 months Bradshaw started to tell his uncle Henry at least twice a week that he has so many other properties besides where they currently live that no one is really taking care of, and that Henry should consider having Bradshaw either manage them along with the investments or allow him to buy some of the properties at a lower market value price to get it off his hands. Henry listens but knows that he has plans to provide those properties to other family members within the next few years as part of his living will. Bradshaw was fully aware of the living will and thought that he should have first consideration over the other family members for any property he likes because no one else is attending to Henry but him.
One day, by last week, Bradshaw tells Henry that unless he sells 2 of the most valuable properties to him (Bradshaw) for a price of 50 percent below market value because those properties are very close to where they live and also he (Bradshaw) cannot foresee being with Henry full-time much longer because he is not getting the type of income for taking care of Henry that he would get if he was working in his profession. Bradshaw also said because those properties are so close, he can still come by and take care of Henry part-time but he (Bradshaw) needs to think about his long term prospects. Henry became very worried that he would lose the care and company of Bradshaw since most of the other family members lived out of state plus he also had very bad experiences with prior home-aid helpers. Henry also trusted Bradshaw completely and felt that if he said he will care for him part-time, he meant it. Henry really did not want to risk Bradshaw leaving or not being around, so he felt he had to sell the properties and have Bradshaw manage the rest of the investments. Shortly after Henry sold the properties to Bradshaw and signed over care of the investments to Bradshaw, family members learned about these contracts and the changes in the will. A family member decides take Bradshaw to court because of what occurred.
Task
Discuss whether the court would find that Bradshaw's new property and investment management contracts with his uncle Henry would be enforceable and explain why. Specifically, which do you think applies in this case scenario and why (undue influence or duress; chose only one and explain why). Your response must be at least a paragraph.