You are a lawyer. Connie, a resident of Tennessee, has come to you for help. Connie is a fashionista. She has developed an iPhone app in which a person can take a picture of a piece of clothing and the app will identify the manufacturer of the clothing and then take you to the manufacturer’s website to view and order the clothing. Connie’s app caught the attention of IST Partners, a technology conglomerate from California. Connie signed a contract to sell her app to IST. IST, however, has decided to use the platform to identify household items instead of clothing. IST believes the app will have a larger appeal through this use and, thus, will be more profitable. Connie is upset that her app will not be used to identify clothing. She wants to sue IST in Tennessee for breaching the contract.
Connie also suffered serious injuries about two months ago when she slipped in a puddle of water at Wal-Mart and fell. She landed on her left arm and shoulder, breaking her arm and collarbone. Connie wants to sue Wal-Mart for her injuries. She needs to know her options. Connie stresses to you that she would like a quick resolution because she needs the money to help pay her bills and other living expenses.
Please advise Connie about suing IST. Can you help her sue IST, or do you need additional information? If you need additional information, please identify what information you need. Next, please advise Connie what options she has in pursuing her potential claim against Wal-Mart, including what course of action you would ultimately recommend.
This assignment is limited to the material covered this week. I am not testing breach of contract or negligence law. As such, you should not analyze Connie’s likelihood of success on a breach of contract or negligence claim. We cover these topics in later weeks.
