Pursuant to a contract, a landscaper performed $30,000 of landscape work for a homeowner. By coincidence, the homeowner and the landscaper were involved in an automobile accident that was unrelated to the landscape work. The homeowner was injured in the accident and sued the landscaper in federal district court for negligence, seeking $100,000 in damages. The homeowner and the landscaper are citizens of different states. May the landscaper assert and maintain a counterclaim against the homeowner for breach of contract, seeking the $30,000 due under the landscape contract?

Question

Business

George Kirby

18 February, 08:50

Pursuant to a contract, a landscaper performed $30,000 of landscape work for a homeowner. By coincidence, the homeowner and the landscaper were involved in an automobile accident that was unrelated to the landscape work. The homeowner was injured in the accident and sued the landscaper in federal district court for negligence, seeking $100,000 in damages. The homeowner and the landscaper are citizens of different states. May the landscaper assert and maintain a counterclaim against the homeowner for breach of contract, seeking the $30,000 due under the landscape contract?

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Answers (1)

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Darryl Webb · Answer 1

NO, court does not have subject matter jurisdiction over the landscaper's contract claim

Explanation:

given data

landscape work = $30,000

seeking in damages = $100,000

solution

landscaper assert and maintain claim against an home owner for breach of contract is no because court have diversity of an citizenship in the jurisdiction over an home owner for negligence claims.

we know that Federal Rule of Civil Procedure permit only counter claims and federal court have not any subject matter jurisdiction over an landscaper contract claims