Racer contracted in writing to drive Owner’s one-of-a-kind

3. Racer contracted in writing to drive Owner’s one-of-a-kind, specially designed championship race car in the Miami 500 Race on July 15 for a fee of $2500. On July 1, the race car was destroyed in an accidental fire in a storage warehouse where the race car was being stored prior to the race. Owner owns no other race cars, so Owner considered the contract discharged. Racer claimed that she is still entitled to the $2500 fee because she and Owner had a valid enforceable contract.

Compare and contrast the rights and obligations of Racer and Owner under the contract as of July 1.

4. Compare and contrast the rights and possible liabilities for a merchant selling goods in “As Is” condition with the rights and possible liabilities for selling goods with an express warranty stating, “This product is quality Grade A”.