Case Analysis 1 — No Late Submission
Before starting the case analysis, make certain that you review the sample case, breakdown of relevant facts and the answer. This will give you a thorough understanding of how to approach the case and the format. You should also review the grading rubric so you have an understanding of how the case will be graded. All of these documents can be found on the Modules Page under the Week Nine Module
In order to submit your case please create a Microsoft Word file only and save it before uploading the file into the Canvas assignment (Google docs, odt files, and pages files are not compatible for submitting/grading the assignment. However, most of those programs give you the opportunity to download or export and save the files as a Microsoft Word document).
· The use of websites such as Chegg or Course Hero are prohibited. Questions that are submitted to, or answers that are obtained from, online sources will result in a failing grade. Your class notes are the only resources needed to complete assignments.
· Unlike your homework assignments, the case analysis could apply to any of the modules we have completed thus far. However, only one Module applies to the case so be certain to choose the correct module.
· This is an individual case analysis; no collaboration is permitted and may result in a failing grade.
CASE ANALYSIS #1
Frank and Clair Barbosa entered into a contract with EMCA Pool Company to perform maintenance on the inground pool at their home. The cost of the maintenance was $3,500. While EMCA was doing the work, they noticed a crack in the surface of the pool. They spoke with Frank and Clair and told them they could fix the issue and that it would cost an additional $1,000. The Barbosas agreed to pay the money and EMCA indicated that the repair would not delay the deadline for the maintenance that was already underway. EMCA made the repair shortly before all of their other maintenance work was completed and the pool looked beautiful. Frank asked if they needed to be concerned about any potential leaks related to the crack before paying for the work that EMCA did. EMCA assured Frank that he should have no further issues. However, EMCA was not sure what caused the crack or if it had been fully addressed. The Barbosas made payment in the amount of $4,500. Two days later the Barbosas opened their pool for the season. Within a week, the pool began to leak. The Barbosas immediately sued EMCA Pool Company. What is the outcome?
This Case Analysis is worth a maximum of 40 points. Please complete the following for your assignment:
1. What legal issue is involved in this case? – 5 points
2. Based on the Issue identified, provide an argument for the Barbosas using specific facts of the case and the relevant legal theory to support it. – 10 points
3. Based on the Issue identified, provide an argument for the EMCA Pool Company using specific facts of the case and the relevant legal theory to support it. – 10 points
4. Based on the facts given, and what you know about the legal issues involved, how would the court decide the case? In favor of the Barbosas or EMCA Pool Company. Provide an explanation using a reference to a homework case that involves similar issues and facts (it does not have to have the same outcome). – 10 points
5. Case is submitted as a Microsoft Word document and is free of grammar and spelling mistakes. – 5 points