2005
June 2005 Question 1 [Criminal Law]
Bill and Tom worked together as drivers for Ajax Armored Car Co. After Bill reported Tom to the company’s management for violating a company policy, the company fired Tom. Angered that Bill had “snitched” on him, Tom decided to get even with Bill.
Tom bought a pistol, some ammunition, and a rubber mask to use as a disguise. Expecting that Bill would follow the same route and schedule that had been in effect before Tom was fired, Tom hid behind a newsstand near a bank where the armored car ordinarily picked up the bank’s daily receipts. He intended to put on the mask and rob Bill at gunpoint as he emerged from the bank with the bags of money. As it turned out, the company had altered the pick-up schedule so that the armored car had come and gone by the time Tom arrived at the location.
Even more irate that he had missed this opportunity, Tom decided he would make a bomb, follow Bill’s armored car, plant the bomb under the car at a time when Bill was inside the bank picking up money, and detonate the bomb from a remote location as soon as Bill reentered the car. Tom bought a book that contained instructions for making a bomb that would be powerful enough to completely destroy an armored car, purchased the necessary explosives and detonation materials, and began to assemble the bomb in the garage attached to the house where he rented a room from the owner, who also resided there. While he was assembling the bomb, Tom inadvertently ignited the materials, causing an explosion and fire that resulted in burning down the house and garage.
What crimes, if any, did Tom commit? Explain fully.
June 2005 Question 2 [Contracts]
Buyer manufactures mattresses, which feature an outer layer composed of a cotton material called “batting.” Unexpectedly, Buyer’s supply of batting ran out, which brought the entire production line to a halt at a time when Buyer was trying to fill a large, special order from Sleepco, one of his customers. Buyer’s regular supplier of batting refused to deliver any more batting because Buyer was behind on his payments to the supplier.
On May 1, Buyer telephoned Cotton Co. and told Cotton Co. that he urgently needed a large bale of batting and that he was willing to pay “top dollar” if Cotton Co. would deliver the bale of batting by the end of the day.
On May 1, Cotton Co. delivered the bale of batting and told Buyer it would send him Cotton Co.’s invoice for $5,000 later in the week. Buyer was upset because the price was about 30% higher than that charged by his regular supplier but, because of his urgent need, Buyer opened the bale and began using the batting to make mattresses.
On May 2, at a time when Buyer had used about 5% of the batting, Sleepco called and cancelled the order. This cancellation was such a major blow to Buyer’s financial condition that he announced that he would immediately close his manufacturing plant.
On May 5, Cotton Co. learned that, in fact, Buyer had been insolvent for the past 60 days. On May 6, Cotton Co. demanded that Buyer either pay the invoice or return the unused part of the bale of batting immediately. Buyer refused, asserting that he and Cotton Co. had never entered into an enforceable contract, and informed Cotton Co. that he had sold the remaining batting to another mattress manufacturer.
1. Can Cotton Co. prevail in an action for breach of contract against Buyer?
2. Does Cotton Co. have the right to reclaim the unused batting? Explain fully.
June 2005 Question 3 [Torts]
Roofer contracted with Hal to replace the roof on Hal’s house. The usual practice among roofers was to place tarpaulins on the ground around the house to catch the nails and other materials that were scraped off during the removal of the old roof. On this occasion, Roofer did not have enough tarpaulins, and he failed to place one on the ground at the rear of Hal’s house. As a result, many nails and old roofing material fell into the grass of Hal’s back yard. At the end of the job, Roofer did his best to clean up the back yard but missed some of the nails that were imbedded in the grass.
About six months later, as Hal was mowing his back lawn, his lawnmower ran over one of the nails and propelled it over the fence into the back yard of Ned, his neighbor. A few days later, as Ned was walking barefoot in his back yard, he stepped on the nail, which pierced his foot, causing him severe injury.
In an action brought by Ned against Roofer for negligence, what defenses might Roofer reasonably assert, and what is the likely outcome on each? Explain fully.
June 2005 Question 4 [Contracts]
Sam decided he was ready to sell his classic sports car. On May 1 and in the following order, he telephoned Bob, Carla, Dan, and Edna, each of whom had earlier expressed interest in buying the car. He was unable to make actual contact with any of them, so he left the following message on each one’s telephone answering machine: “I’m ready to sell my car, which I know you’ve expressed interest in. The price is $10,000. My offer is good until the end of today, May 1. If you’re still interested, call me back by the end of today so I’ll know for sure.”
Bob, Carla, and Dan each called back at a time when Sam was out running errands. They each left a message on Sam’s telephone answering machine.
Bob’s message said, “The price is pretty high, so I’ll have to think about it.”
Carla’s message said, “I think the price is too high, but I’d be willing to pay you $9,000.”
Dan’s message said, “OK, I’ll pay your price but only if you’ll let me take the car to my mechanic so he can check it out first.”
Edna, rather than call Sam back, mailed Sam a letter on May 1 stating, “I got your message, and I accept your offer and will pay $10,000.”
On May 2, Sam died. Mark was appointed as executor for Sam’s estate, and as such had all powers to deal with the estate property. Bob, Carla, Dan, and Edna each said to Mark, “I accepted Sam’s offer on May 1, and, in any event, I will buy the car as is and for Sam’s asking price.” Mark tells them each that their so-called acceptances were not valid and that their power of acceptance has already terminated.
Is Mark correct? Explainfully.
October 2005 Question 1 [Contracts]
Ed is the owner of the newly opened Ed’s Custom Car Wash, where car washes cost $25. While he was grocery shopping in his home town, which is located 20 miles from Ed’s Custom Car Wash, he was greeted by his friend Alice. After they chatted for a moment, Ed said, “Come by my new car wash and I’ll give you a free car wash tomorrow.” Alice replied, “Thanks. By the way, we’ve got a few extra tickets for the game tonight. If you want them, they’re yours.”
A few minutes later, Ed ran into police officer Brown, who worked in Ed’s home town. Ed said, “Officer Brown, if you will drive by my house soon and make sure everything is OK, I’ll give you a free car wash tomorrow.” Officer Brown, who was about to begin his job of patrolling Ed’s neighborhood, replied, “I accept your kind offer.” Officer Brown then left the store and began his routine patrol, which, as always, promptly took him by Ed’s house, where everything was in order.
When Ed returned home from shopping, he saw his next door neighbor, Charlie. Ed said, “Charlie, I’ll give you a free car wash tomorrow at my new car wash.” Charlie replied, “Thanks, I’ll take you up on that.”
As soon as Ed arrived at work the next day, he found a long line of cars at the car wash. He phoned Alice and Officer Brown, and told them that he would not give them free car washes. Then he saw Charlie, who had left work and driven for one-half hour to get to the car wash and was waiting in line. Ed immediately told Charlie, “I am not going to give you a free car wash.”
Does Ed have an enforceable obligation to Alice, Officer Brown, or Charlie? Discuss.
October 2005 Question 2 [Criminal Law]
Michael and his girlfriend Betty were going to an expensive nightclub. On their way to the club Betty asked Michael to stop by the store where she worked as a checker. Michael knew the store was closed but didn’t question why she wanted to stop. When they arrived at the store they both got out of the car. Betty used her key to open the store’s door. They both went in. Betty went to the cash register and took $200, intending to return it before the store opened the next day. Michael saw her take the money. They then left the store.
When they got outside Michael asked Betty why she took the $200 from the cash register. Betty told him that her employer owed her money and that she was taking it so that they could have fun that evening. Michael did not believe that Betty was entitled to take the money. Betty gave Michael the $200 and he put it in his pocket.
In fact, Betty was not entitled to take money from the cash register and she did not return the $200 the next day. The store’s security system had filmed Betty’s and Michael’s actions and both Betty and Michael were arrested.
1. With what crime or crimes can Betty be reasonably charged and what defenses, if any, does Betty have available to her? Discuss.
2. With what crime or crimes can Michael be reasonably charged and what defenses, if any, does Michael have available to him? Discuss.
October 2005 Question 3 [Torts]
David drives a parcel delivery van. On Monday, while delivering packages in a residential neighborhood, David struck and badly damaged a parked car owned by Able. At the time of the collision, David was driving 30 mph. The posted speed limit for the street is 25 mph, but residents customarily drive at 30 mph.
On Tuesday, David left a package for Baker on the front step outside of her house. He placed the package just in front of the doorway, and when Baker walked out of her house later in the day, she tripped over the package, breaking her hip.
On Wednesday, while returning to his van following a delivery, David stopped to chat with Carl, who was sitting in his car and about to back out of his driveway. When they finished speaking, Carl began to back out of the driveway. At that moment, David saw a car speeding down the street towards Carl. David considered warning Carl of the approaching car, but since David was in a hurry, he decided not to go back and tell him. As Carl backed out of his driveway, he was struck by the speeding motorist and was seriously injured.
Able, Baker, and Carl have all filed lawsuits against David. What is David’s liability to each of them? Discuss.
October 2005 Question 4 [Contracts]
GravelCo is a distributor of high quality gravel used on construction projects. In August, GravelCo found itself with more gravel than it could easily store. On August 15, GravelCo’s sales director sent a fax on company stationary with GravelCo’s logo at the top and the sales director’s name printed just beneath it to Builder, GravelCo’s biggest customer. The entire text of the fax stated, “Because of an oversupply, we are offering to sell up to 5000 tons of high-quality gravel at $8 per ton, full payment due on delivery. We can guarantee this price for only thirty days.”
On August 17, the purchasing agent for Builder faxed back a response stating, “We do not wish to order at $8 per ton, but would consider a purchase at $7 per ton.”
On September 1, a railroad strike caused a gravel shortage and an immediate rise in the market price for gravel. On September 5, GravelCo entered into several contracts with major contractors to sell large quantities of gravel at $11 a ton.
On September 7, GravelCo received an overnight letter from Builder signed by its purchasing agent. The letter stated, “We accept your offer for 5000 tons of gravel at $8 per ton. Terms attached.” Attached to the letter was Builder’s standard purchase order form, one of the terms of which stated that payment would be made within 90 days after delivery of the purchased product.
In order to deliver 5000 tons of gravel to Builder, GravelCo would now be forced to purchase some of the gravel on the open market at over $10 a ton.
1. Is GravelCo obligated to sell 5000 tons of gravel to Builder at $8 per ton? Discuss.
2. If GravelCo is bound to sell the gravel to Builder, can Builder be required to make full payment upon delivery? Discuss.