Posted by Entering law school in the fall on 7/12/08

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Doug is the owner and operator of Doug’s Delivery, a local
delivery service for small packages.

Doug always had daily deliveries for the residents
of the gated community of “Lockemdown.”

Doug entered Lockemdown with several scheduled
deliveries for the residents.

Dell Computer Company contracted with Adam for
purchase of a new laptop computer. Dell contracted with
Doug to deliver the computer to Adam, who resides at 1616
First Street in Lockemdown.

Doug, due to him suffering from dyslexia from an
early age, went to 1661 First Street with the Dell
computer. Doug pulled onto the driveway at 1661 and went
to the door with the box that contained the computer.
Doug rang the doorbell and Bob opened the door. Doug
announced that he was there to deliver a new computer.
Although Bob had not ordered a new computer from Dell, Bob
signed Doug’s delivery receipt and took possession of the
box containing the computer. Bob had in-fact ordered a
new computer from Gateway Computer Company and was
anticipating delivery and thought that his new computer
was in the box.

Doug also had a delivery for the resident at 2112
Second Street. Again, Doug, because of his dyslexia,
thought the deliver was intended for 1212 Second Street.
As Doug was driving on Second Street, he noticed a large
cardboard box sitting in the driveway of one of the
residents, partially blocking Second Street in the
opposite direction Doug was currently traveling. The box
was open and to all appearances empty. In fact, there was
lying flat on the bottom of the box, a valuable framed
picture belonging to Edna, the owner of the box. While
Doug continued on his way down Second Street, Frank,
Edna’s two year old son, climbed into the large cardboard
box. Doug pulled onto the driveway at 1212 and went to
the door with the box to be delivered. Doug rang the
doorbell and Charlie opened the door. Doug announced that
he was there to deliver a package. Charlie stated that he
was not expecting any deliveries and inquired as to the
name and address on the package. After Doug and Charlie
looked at and read the name and address, it became
apparent that Doug was at the wrong address. Doug
apologized to Charlie and went back to his delivery
vehicle.

Doug headed in the opposite direction on Second
Street. Frustrated with the time he had wasted going to
the wrong address, Doug made no effort to avoid the
cardboard box and negligently ran over it. In doing so,
Doug damaged the picture and broke Frank’s leg. Frank’s
mother, Edna saw the entire incident as she was emerging
from her home to retrieve the remaining contents of the
cardboard box. After seeing the incident and the
resulting injuries to her son, Edna became very distressed
and had to be hospitalized because of a heart condition.

1. What are Dell’s rights against Doug and what
defenses, if any, should Dell anticipate? Discuss.

2. What are Dell’s rights against Bob and what
defenses, if any, should Dell anticipate? Discuss.

3. What are Bob’s rights against Doug and what
defenses, if any, should Bob anticipate? Discuss.

4, What are Charlie’s rights against Doug and what
defenses, if any, should Charlie anticipate? Discuss.

5. What are Edna’s rights against Doug and what
defenses, if any, should Edna anticipate? Discuss.

6. What are Frank’s rights against Doug and what
defenses, if any, should Frank anticipate? Discuss.

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