June 2002 Question 1 [Criminal Law]
Debbie and Jon met in college and dated each other for two years. Debbie loved Jon very much and wanted to marry him. Jon always told her that he loved only her, but he told her he thought they were too young and should not rush into marriage.
One day as Debbie was putting gasoline into her car at the gasoline station, she looked into the car parked next to hers. She was enraged to see her best friend Vickie passionately kissing Jon. Debbie walked over to the car, with the fuel dispenser in her hand, and started yelling at Vickie and Jon.
Vickie said, “I’m sorry you had to find out this way. Jon and I love each other and are going to get married.”
Debbie was enraged and shouted, “You’re not going to marry anyone, you slime!”
She then pointed the gasoline dispenser at Vickie and sprayed her with gasoline, soaking her hair and clothes. Jon reached over to try to help Vickie. Unfortunately, he was smoking a cigarette. The cigarette ignited the gasoline and Vickie burned to death.
What offense or offenses has Debbie committed and what defenses, if any, would she assert? Discuss.
June 2002 Question 2 [Contracts]
Buyer opened a new automobile service station earlier this year. Buyer wanted to buy a television set for the station so her customers could watch television while she worked on their cars.
Buyer found the television set she wanted at Seller Sets, Inc. (“Seller”), a television set retailer. A Seller salesperson told Buyer she could purchase the set for $300. Buyer replied that she would like to “shop around”. The salesperson then wrote “Seller Sets, Inc.– $300" on a sales brochure describing the set and gave the brochure to Buyer. The printed phrase “Available for a Limited Time Only” appeared at the top of the brochure. As the salesperson handed Buyer the brochure he said, “I think you’ll find no one will beat our price.”
Not finding a better price, Buyer returned to Seller’s one week later to buy the television set. However, the salesperson told her that the set was out of stock and that Seller could not sell her another at the $300 price. Two months later, Buyer purchased the same model set from another dealer for $450.
Buyer wishes to sue Seller, seeking damages for lost profits. Buyer intends to allege that she lost customers because she has not had television in the station for the past two months.
What theory or theories for recovery of damages will Buyer assert in her complaint and what is her likelihood of success on each theory? Discuss.
June 2002 Question 3 [Criminal Law]
Anna owned a business and stored insured business inventory at a warehouse owned by Bob. Anna was experiencing financial problems and needed funds to pay her creditors. Bob, after hearing of Anna’s money problems, suggested that they hire someone to burn down the warehouse since he was planning to build condominiums on the warehouse property and could use the insurance proceeds for the construction of the condominiums. Bob told Anna that he knew someone who would handle burning the warehouse in return for a percentage of the insurance proceeds. Anna agreed and Bob contacted Cindy to burn down the warehouse. Cindy obtained the location of the warehouse from Bob and proceeded to set fire to the warehouse. Unbeknownst to Anna, Bob or Cindy, a homeless person, Daryll, was living in the warehouse. Daryll died as a result of the fire.
After hearing about Daryll’s death, Anna and Bob decided not to make any insurance claims. After an investigation Anna, Bob and Cindy were arrested.
With what crimes, if any, might Anna, Bob and Cindy be charged and what defenses, if any, could each assert? Discuss.
June 2002 Question 4 [Torts]
Craft Village is a small town that is popular with tourists because of its fine arts and crafts stores. Craft Village has no public transportation. All of the stores are located on Main Street. There is one large gallery, Northwoods Gallery, at the north end of Main Street. At the south end of Main Street is the Snooze Inn, a large motel. Tourists often stay at the Snooze Inn when they want to spend more than a day in Craft Village. Craft Village shops, by town ordinance, must remain open from at least 10:00 a.m. to 8:00 p.m. every day, including Sundays. All of the shops close at 8:00 p.m. except Northwoods Gallery, which is open until 11:00 p.m. every night. Craft Village provides street lighting along Main Street, which is turned on each night at dusk.
Jean arrived in Craft Village on Sunday night for her annual shopping expedition. As on all of her previous trips to Craft Village, she stayed at the Snooze Inn for two nights. She does not own a car, and one of the reasons she likes Craft Village is that she can walk to all the shops.
Jean got up on Monday morning to go shopping. She shopped all day, and walked back to the Snooze Inn at 7:00 p.m. for dinner. After dinner, at around 8:30 p.m., she began walking to Northwoods Gallery. Half way there, she was accosted by a mugger. The mugger stood in front of her and shouted, “Hand over your purse, or I’ll beat you up!” The mugger roughly snatched Jean’s purse as she held it out to him. The mugger fled, and Jean turned around and ran back to the Snooze Inn. The mugger was later captured by the police.
On what theory or theories, if any, might Jean recover damages from, and what defenses might she anticipate, in an action against:
1. The mugger? Discuss.
2. Craft Village? Discuss.
3. Northwoods Gallery? Discuss.
4. Snooze Inn? Discuss.
October 2002 Question 1 [Contracts]
Windco manufactures and installs insulated window-frame units. Installation comprises about 15% of Windco’s total price for the units.
Sam, a commercial builder, saw a Windco advertisement and mailed an order for thirty window frames, at $100 per frame, for a total order of $3,000. He also wrote on his order, “Must have your guarantee of installation within 15 days due to construction deadlines.”
Windco immediately sent Sam an “Acknowledgment of Order,” listing the windows and price as per Sam’s order, and including a $200 shipping charge. Shipping costs are customarily borne by the buyer of window-frame units. At the bottom of the Windco form was printed the following: “Installation guaranteed within 60 days.”
Also printed in bold and conspicuous type was the following: “All warranties of merchantability and fitness are hereby expressly disclaimed.” Finally, the form stated, “Contract of Sale Subject to Terms Contained Herein.”
Windco installed the windows 55 days after the order was placed and Sam incurred several delay-related expenses. Windco later submitted a bill for the full amount shown on the “Acknowledgment of Order” form. Sam refused to pay the $200 shipping charges. He also discovered that because of a manufacturing defect, the glass in the windows did not fit snugly, permitting rain to leak through.
Windco sued Sam for the full price shown on the “Acknowledgment of Order” form. Sam counterclaimed against Windco for damages resulting from the delayed installation and unmerchantable quality of the windows.
How should the court rule on Windco’s and Sam’s actions? Discuss.
October 2002 Question 2 [Criminal Law]
As Dan walked down a busy city street one afternoon, Vic, a scruffy, long-haired young man, approached him. For some time, Dan had been plagued by a pathological fear that long-haired transients were trying to kill him. Mistakenly believing that his life was about to be taken, Dan pulled out a handgun and fired the gun, intending only to wound Vic in the legs to prevent the anticipated attack.
Rather than inflicting the intended leg wound, the bullet ricocheted off the sidewalk and hit Vic in the heart, killing him instantly.
1. With what crime or crimes should Dan be charged? Discuss.
2. What defense or defenses might Dan assert? Discuss.
October 2002 Question 3 [Contracts]
Debbie, a well known photographer, owns a studio that offers “on location” photography, enabling patrons to be photographed in environments of their choice.
Jon owns a new health spa located in a nearby mountain region. Jon had seen and admired Debbie’s “on location” photography work. He called Debbie to arrange for photography as part of his promotional plan for the spa. Jon told her that he planned to trim 50 pounds from his own considerably hefty frame by participating in the program of diet, exercise and strength training offered at the spa. He wanted to have “before and after” pictures taken of himself eating at the spa, working out on the spa exercise equipment and hiking along one of the spa’s scenic trails. The photographs were to be displayed in strategic locations throughout the spa and would be included in the spa’s brochure. Debbie stated that the total charge for the photography (which would consist of five “before” pictures and five “after” pictures) would be $1,000. The parties agreed that the “before” pictures would be taken on the following day.
When Debbie arrived at the spa, she learned for the first time that it was a health spa for nudists. Debbie was extremely uncomfortable, but the naked Jon persuaded her to stay and take the first set of pictures.
On the next day, Jon received the five “before” pictures and a letter from Debbie requesting immediate payment of $500, and stating that the five “after” pictures would be taken by her assistant upon notification that Jon had lost 50 pounds.
Jon consults you and asks the following questions:
1. Does an enforceable contract exist between Debbie and Jon? Discuss.
2. Assuming that an enforceable contract exists, can Jon require Debbie to take the “after” pictures personally? Discuss.
3. Is Debbie entitled to a $500 payment at this time? Discuss.
October 2002 Question 4 [Torts]
A zoo maintenance employee threw a pile of used cleaning rags into a hot, enclosed room on the zoo’s premises. The rags contained a flammable cleaning fluid that later spontaneously burst into flames as a result of the heat in the room. The fire caused a large water main in the zoo to burst, and the escaping water from the main washed away a portion of the zoo’s zebra pen fence. A zebra escaped from the zoo through the hole in the fence caused by the water. A young child encountered the zebra in a nearby residential area. The child petted the zebra and offered it a stick of candy. In taking the candy from the child the zebra bit off one of the child’s fingers.
On what theory or theories of liability might an action be brought against the zoo on behalf of the child and what should be the likely outcome of such action? Discuss.