Pennfield is а generаl cоntrаctоr. Pennfield was at a meeting оf the General Contractors’ association and heard several contractors say they had been in talks with Douglas over building a house for Douglas. One said “Douglas is crazy. One minute being calm and reasonable, the next minute screaming, raving and making really peculiar demands.” Another answered “I heard the same thing from Spenser. They were discussing house plans when Douglas began obsessing over what brand of nails they were using. Really out there.” Pennfield had a call from Douglas a week later. Douglas said “I own the site. I have plans for a house I want built. I have had discussions with several contractors, but no one has taken the job. Would you look at it?” Pennfield thought about what he had heard, but Douglas seemed normal on the phone. Pennfield agreed to meet with Douglas. Douglas hired Pennfield to build a house. The two signed a written contract. The contract provided that Douglas would pay Pennfield $5,000,000 for building the house. This was a fair price for the house to be built. One million to be paid in advance, the rest upon completion. The contract also provided that all nails used in construction had to be from the Bentex Nail Foundry (BNF). As far as Pennfield knew, all the nails they used from different companies were the same. There was nothing special about BNF nails. Before signing, Pennfield asked Douglas about the specification. Douglas just said “None of your business. Just follow my instructions. But you know what, the nails are not important. Don’t worry about it. Just use whatever you think best.” Then they both signed the contract. When the construction was complete, Pennfield met Douglas at the site for a final inspection. During the inspection Douglas found a nail on the floor in the laundry room. “This is not a BNF nail,” Douglas remarked bitterly. BNF treats their nails with an electromagnetic process that repels space alien invaders. You have built me a house that is vulnerable to invasion by space aliens. The whole thing must be done over. Every nail must be replaced with a BNF nail. Until that happens, I am not paying you a dime.” Pennfield checked with BNF. They knew nothing about an anti-alien process and thought Pennfield must either be joking or insane. Pennfield wrote a letter to Douglas demanding payment. Douglas sent back a letter stating “If you don’t redo the house with BNF nails, I will void the contract. Don’t you know I am only 17 years old? I can void the contract as a minor.” Pennfield thought Douglas looked young, but not under 21. Pennfield is puzzled and comes to your office for advice. Assume there is nothing wrong with the contract in terms of offer, acceptance, and consideration. If Pennfield sues Douglas for breach of contract, will there be any defenses or other problems with the case? Could the defenses work? If Pennfield wins, what is the award likely to be? Could Douglas cross-complain? Would Pennfield have any defenses? What if Douglas cross-complains and Pennfield loses? Discuss.
A 68-yeаr-оld wоmаn presents within 36 hоurs of developing fever, myаlgias, headache, and cough. Influenza testing is positive. Which medication is most appropriate?