Bar Exam (US) Contracts: Question below is based on the following fact situation. Witt was the u...

Question

Question below is based on the following fact situation.

Witt was the undisputed record owner of South Fork, a tract of farmland located in the State of Durango. Bordering South Fork on its northern edge was North Fork, a 20-acre dairy farm, owned and occupied by Mann. North Fork was flanked on its eastern border by the Muddy River. For many years, Witt used to make regular use of a trail across North Fork whenever he or his cattle needed to reach the Muddy River.

In 2008, Witt sold his farm to Stone, a developer who planned to convert South Fork into a residential subdivision. After Stone took possession of South Fork, he met with Mann and informed him of the proposed development plans. During their discussion, Mann expressed concern about the increased traffic and noise from the subdivision. Consequently, the parties orally agreed that Stone would contract with someone to erect a brick wall between their respective properties, and that Mann would reimburse Stone for half the expenses. Thereafter, Stone hired Mason to erect the wall for $10,000. Stone explained to Mason that the wall was being built between his property and Mann's. He further advised Mason that although he (Stone) would be paying him the $10,000, Mann had agreed to reimburse Stone for half the price.

Mason went ahead and built the wall as agreed. However, Stone refused to pay Mason anything, and Mason, in turn, did not sue Stone for the agreed price.

Assume for the purposes of this question only that Mason has now brought an action against Mann to recover $5,000. Which of the following is Mann's best defense?

AnswerChoose the correct answer.Choose all that apply. Correct Partially correct Incorrect Don't Know

  1. A
    Correct Answer
    By suing Mann for half the contract price, Mason is wrongfully splitting his cause of action.
  2. B
    Correct Answer
    Mason is not an intended beneficiary of the Stone-Mann agreement.
  3. C
    Correct Answer
    The Stone-Mason agreement was not in writing.
  4. D
    Correct Answer
    The Stone-Mann agreement was not in writing.
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