The YMCA contracts with Road Maintenance Inc. to clear roads anddriveways during the winter months and to do repair work duringsummer on its properties in Estes Park and Winter Park. RoadMaintenance has been doing this work for over 10 years and has beenvery responsive to the YMCA’s requests. The YMCA site managers callRoad Maintenance to request specific work to be done, and RoadMaintenance does the work then bills the YMCA quarterly for workthat’s been performed. The YMCA pays the bills within 60 days ofreceiving the invoices. Occasionally, Road Maintenance will donateits services to the YMCA to receive a tax write off.

While clearing off a remote access road that had recently beenpatched by YMCA volunteers, Road Maintenance’s plow broke when ithit an unexpected barrier. Road Maintenance bills the YMCA forrepair costs to the plow, and the YMCA refuses to pay for it.Neither party can find their original contract to see who isresponsible for the repair costs.

QUESTION #1: (1 point)

What tort should Road Maintenance bring against the YMCA?

QUESTION #2: (2 points)

List the elements of the tort you identified when answeringQuestion #1 and apply them to the hypothetical.

QUESTION #3: (1 points)

What contract claim should Road Maintenance bring against theYMCA?

QUESTION #4: (2 points)

List the elements of the contract claim you identified whenanswering Question #3 and apply them to the hypothetical.

QUESTION #5: (4 points)

Who is most likely to win: Road Maintenance or YMCA? What willbe the easiest cause of action for Road Maintenance to prove—thetort or the contract claim? The most difficult? Explain yourreasoning.