Hypothetical #1: Road Maintenance Inc v. YMCA
The YMCA contracts with Road Maintenance Inc. to clear roads and driveways during the winter months and to do repair work during summer on its properties in Estes Park and Winter Park. Road Maintenance has been doing this work for over 10 years and has been very responsive to the YMCA’s requests. The YMCA site managers call Road Maintenance to request specific work to be done, and Road Maintenance does the work then bills the YMCA quarterly for work that’s been performed. The YMCA pays the bills within 60 days of receiving the invoices. Occasionally, Road Maintenance will donate its services to the YMCA to receive a tax write off.
While clearing off a remote access road that had recently been patched by YMCA volunteers, Road Maintenance’s plow broke when it hit an unexpected barrier. Road Maintenance bills the YMCA for repair costs to the plow, and the YMCA refuses to pay for it. Neither party can find their original contract to see who is responsible for the repair costs.
QUESTION #1: (1 point)
What tort should Road Maintenance bring against the YMCA?
QUESTION #2: (2 points)
List the elements of the tort you identified when answering Question #1 and apply them to the hypothetical.
QUESTION #3: (1 points)
What contract claim should Road Maintenance bring against the YMCA?
QUESTION #4: (2 points)
List the elements of the contract claim you identified when answering Question #3 and apply them to the hypothetical.
QUESTION #5: (4 points)
Who is most likely to win: Road Maintenance or YMCA? What will be the easiest cause of action for Road Maintenance to prove—the tort or the contract claim? The most difficult? Explain your reasoning.