Third Party

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Please read the scenarios and answer the questions that follow:

Scenario One:

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Carl and Eve agreed that Eve would paint Carl’s house for $500. Eve asked her sister, Fran, to help with the job. Fran said she would, and showed up the next day at Carl’s house. Eve was nowhere to be found, so Fran proceeded to paint Carl’s entire house. However, frustrated with her sister, Fran purposefully did a bad job. Carl was not happy with the end result. He sued Eve for failure to do her job:

#1. State and explain which way(s) that Fran can be joined or join the lawsuit. Include in your answer the specific rule and why this way is appropriate. This should be a substantive explanation. (12 points)

#2. For each way you joined Fran, name all the parties, in their correct capacity and title, that would be named in the lawsuit. (12 points)

Scenario Two:

Grace just had new brakes installed on her Jeep by Harry’s Car Service, a sole proprietorship in her local community, owned by Harry. Leaving the car service, Grace decided to drive to the nearby grocery store. On her way, she approached the first stop light, which just turned red. As she pushed on the brakes, her car failed to slow down. In fact, her vehicle collided with the rear of Ivan’s pick-up truck, causing substantial damage to the back-end of the truck and taillights. Ivan suffered whiplash and a broken wrist.

He decides to sue Grace and promptly hires an attorney who files his Appearance, Summons, and Complaint. The documents have been served on Grace, whose attorney immediately files an Answer.

Over coffee, a week after Grace filed her Answer, Grace tells her neighbor, Nancy about the accident. Nancy told her that the exact same thing happened to her a few months back, after she got her transmission fixed by Harry’s Car Service.

#1. Can Grace implead Harry as a third-party defendant? Why or why not? Explain your reasoning, including citing any and all rules that apply. (6 points)

#2. What role, if any, can Nancy play in this suit? Please explain fully. Include a substantive explanation and cite any rules. (8 points)

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