This memorandum of law assignment focuses on the following scenario: Marie Smith loved acrobatic flying. She formed a team of four additional like-minded women to perform at local airshows. They called themselves The Flying Fillies (“Fillies”). They became well known for their risk taking aerobatics.

Memorandum of law assignment

Marie Smith loved acrobatic flying. She formed a team of four additional like-minded women to perform at local airshows. They called themselves The Flying Fillies (“Fillies”). They became well known for their risk taking aerobatics. Soon, offers to perform flooded in faster than Marie could keep up with them. She hired you to be her assistant. On June 14, the Fillies received an invitation from the organizers of the Paris Air Show to perform at their July 14 (Bastille Day) show. They were offered a non-cancellable contract (except for “severe” weather).

Memorandum of law assignment

The Fillies would be paid $35,000: $15,000 upon signing the contract and $20,000 immediately after flying in the show. The Fillies were thrilled. This is the biggest fee they have ever been offered. Flying in the Paris Air Show would greatly enhance their reputation and allow them to charge more for future performances. The Fillies immediately signed the contract and began practiing. On July 12, the date they were to depart for Paris, Anna called you and said she did not think the Fillies were prepared enough to safely perform the routine. She refused to perform at the show, citing her own fear and her fear for the crowd’s safety.

Memorandum of law assignment

The routine cannot be performed with only four Fillies. You contacted the Air Show representative, Pierre, and explained that they were unable to fly at the event. Pierre was outraged. He said, “The Fillies are a novelty act and will be the centerpiece of the show. Posters are printed! Advertising is on going! Ticket sales are strong. Merde!” When you insisted that the Fillies could not fly, Pierre reminded you of the liquidated damages clause in the contract. Pierre said if they did not fly, that provision would be enforced and the Fillies would have to pay the Air Show $70,000 in liquidated damages. You have informed Marie and the other Fillies about your conversation with Pierre.

Memorandum of law assignment

Anna was adamant. She would not fly. Marie remined Anna that not only were the Fillies obligated to fly in the show, each Filly was individually liable to the others by the terms of their Flying Club contract.  If Anna withdrew from the Air Show, she would have to pay each Filly $5000 for the lost opportunity. Marie asked you to preare a memo to her (use the Writing 1 format) advising her as follows:

Memorandum of law assignment

1. Is the Fillies contract with the Air Show enforceable? 2. Can the Air Show compel the Fillies to perform? 3. Is the Flying Club contract among the Fillies enforeable? 4. Can the Fillies compel Anna to perform? 5. Would it matter if the eason Anna could not perform was that she tested positive for COVID and could not legally enter France? https://youtu.be/gebtdgoBF5M

Attached Files

Download  |