Engineering assignment

 Questions:

1. Think about the various terms you might need in an engineering contract.  What do you think would be the five most important basic terms of a contract and why would you think so?


2. American courts do not punish people for breaking contracts, even when they do it on purpose.  They may impose damages, but not punitive damages on top of that.  Do you agree with that?  Why or why not?

Hypothetical:

Write an IRAC analysis of the following hypothetical.  Be prepared to discuss this hypothetical in class.  Focus in particular on the wide range of legal issues that this hypothetical poses (there are at least eight or nine separate issues involved here, and possibly more!)

Art and Betty own adjoining farms in County, an area, where all agriculture requires irrigation. Art bought a well-drilling rig and drilled a 400-foot well from which he drew drinking water. Betty needed no additional irrigation water, but in January 1985, she asked Art on what terms he would drill a well near her house to supply better tasting drinking water than the County water she has been using for years. Art said that because he had never before drilled a well for hire, he would charge Betty only $10 per foot, about $1 more than his expected cost. Art said that he would drill to a maximum depth of 600 feet, which is the deepest his rig could reach. Betty said, “OK, if you guarantee June 1 completion.” Art agreed and asked for $3500 in advance, with any additional further payment or refund to be made on completion. Betty said, ” OK,” and paid Art $3500.

Art started to drill on May 1. He had reached a depth of 200 feet on May 10 when his drill struck rock and broke, plugging the hole. The accident was unavoidable. It had cost Art $12 per foot to drill this 200 feet. Art said he would not charge Betty for drilling the useless hole, but he would have to start a new well close by, and could not promise its completion before July 1.

Betty, annoyed by Art’s failure, refused to let Art start another well and on June 1, she contracted with Carlos to drill a well. Carlos agreed to drill to a maximum depth of 350 feet for $4500, which Betty also paid in advance, but Carlos could not start drilling until October 1. He completed drilling and struck water at 300 feet on October 30.

In July, Betty sued Art seeking to recover her $3500, plus the $4500 paid to Carlos.

On August 1, County’s dam failed, thus reducing the amount of water available for irrigation. Betty lost her apple crop worth $15,000. The loss could have been avoided by pumping from Betty’s well if it had been operational by August 1. Betty amended her complaint to add the $15,000 loss.

In her suit against Art, what are Betty’s rights and what damages, if any, will she recover? Discuss.