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Improving a structure by changing its plan, characteristics, or function
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- Hood sues Sherman for trespass onto his property in Nashville when Sherman was on his way down to Georgia. Sherman hires Ulysses, a distinguished Campbell Law grad. After a year of discovery, the two settle the claim. Sherman then sues Hood for breach of contract. Hood had agreed to provide security at a party the day after the trespass, but never showed up because he mistakenly booked another engagement. Hood files a motion to dismiss, asserting that the breach of contract claim was waived. What result?A.The claim will be waived because Sherman had an opportunity to bring it in the first lawsuit.B.The claim will not be waived because it would have been a permissive counterclaim.C.The claim will not be waived so long as it was not the subject of another lawsuit pending at the same time Hood sued Sherman.D.The claim will be waived because Sherman had an opportunity to bring it and knew or should have known he had a right to bring it.