2006
June 2006 Question 1 [Torts]
A state statute requires motorcyclists to wear a safety helmet while riding, and is enforced by means of citations and fines. Having mislaid his helmet, Adam jumped on his motorcycle without one and went riding down the street. Barb, who was driving her car in the opposite direction on the same street, briefly looked down to get her sunglasses, which had dropped to the floor. At that moment a bee landed on Adam’s head. In attempting to brush it away, he lost control of the motorcycle. The motorcycle fell and went sliding over the double line into Barb’s lane with Adam pinned beneath it. When Barb retrieved her sunglasses and looked ahead, she saw that the motorcycle was sliding towards her, going the wrong way in her lane. She abruptly turned her wheel to avoid hitting it, crossed over the double line, and collided head-on with a truck that was approaching her at twice the posted speed limit. The truck, owned and driven by Dave, was badly damaged in the collision, as was Barb’s car. Barb was seriously injured when the force of the collision threw her against her own seat belt, breaking her sternum.
On what theory or theories might damages be recovered, and what defenses might reasonably be raised in actions by:
1. Barb against Adam? Discuss.
2. Barb against Dave? Discuss.
June 2006 Question 2 [Contracts]
CapCo sells baseball caps to youth leagues and recently approached two new teams, the Bears and the Lions. Uncertain how many caps the team would require, the Bears’ team manager signed a written contract that included the following:
“The Bears will purchase all baseball caps needed for the 2006 season (approximately 75-100 caps) from CapCo @ $7.50 per cap. All modifications to this contract must be in writing to be enforceable.”
When the Bears team manager subsequently placed the baseball cap order with CapCo, he informed CapCo that fewer kids had signed up than had been expected, and, consequently, the Bears needed only 50 caps. CapCo responded that such small orders generated less profit and would accordingly trigger a higher price of $8.50 per cap. The Bears team manager orally agreed to that higher price.
CapCo also contacted the Lions, whose team manager was considering several baseball cap suppliers. CapCo sent the Lions manager a letter that stated: “I can offer you a special deal for a limited time. CapCo will provide 100 caps @ $2.50 per cap, delivery within one week.”
Upon seeing CapCo’s letter, the Lions manager was excited about the proposed contract price and immediately mailed her acceptance to CapCo. Before receiving the Lions manager’s response, CapCo realized that its offer contained a clerical error–the price was supposed to be $6.50, not $2.50, per cap. CapCo immediately telephoned the Lions manager and informed her of the clerical error.
The Bears refuse to pay $8.50 instead of $7.50 for each of the 50 caps. CapCo contends that the Bears must order at least 75 caps to obtain the $7.50 per cap price. The Lions want to enforce the $2.50 per cap price.
1. If CapCo files a lawsuit against the Bears seeking damages for breach of contract, who is likely to prevail? Discuss.
2. If the Lions file a lawsuit seeking to enforce the contract price of $2.50 per baseball cap, who is likely to prevail? Discuss.
June 2006 Question 3 [Criminal Law]
Dan separated from his wife, Bess, and moved out of the house they own together. About one week later, on his way to work the night shift, Dan passed by the house and saw a light on. He stopped and rang the bell. Bess answered the door. She was polite, but told him she was getting ready to go out with her girlfriends. As Dan left, he saw a pair of men’s shoes in the entryway.
Later that night, Dan told his friend, Fred, about the shoes. Fred said: “Let’s go over there and check it out. We’ll use my car so Bess won’t recognize it.” Dan and Fred drove over to the house, and parked a block away, so the car would not be seen by Bess. Fred waited in the car while Dan went around the side of the house, turned over a garbage can and climbed on top to look through the open bedroom window. Dan saw a man, Chris, on the bed with Bess. Dan jumped through the open window and started yelling at Bess, “How could you do this?”
Dan then went to the closet and grabbed his shotgun, which was locked in a plastic case. He turned to Chris, and chased him down the stairs and out of the house, yelling deadly threats. Chris tripped, fell, and hit his head on the front steps. The fall knocked him unconscious.
Bess called the police. When the police arrived, Dan was sitting outside on the front porch holding the shotgun, still in the locked case. Dan told the police that he had chased Chris out because he feared his wife had been in danger.
Fred got out of the car and came over to the scene. The police placed Dan in custody and asked Fred to meet them at the station for further questioning.
1. With what crime or crimes, if any, can Dan reasonably be charged and what defenses, if any, can he reasonably assert? Discuss.
2. With what crime or crimes, if any, can Fred reasonably be charged and what defenses, if any, can he reasonably assert? Discuss.
June 2006 Question 4 [Torts]
Grain Co. purchases grain from farmers each fall to resell as seed grain to other farmers for spring planting. Because of problems presented by parasites which attack and eat seed grain that is stored for more than a few months, Grain Co., like all seed grain dealers, always treats the seed grain it purchases with an invisible mercury-based chemical to poison these parasites. Grain Co. sells the seed grain loose by the truckload to the farmers who will plant the seed. The Grain Co. trucks display signs that state: “Seed Grain. Not for Use in Food Products.”
Farmer Jones bought a truckload of seed grain from Grain Co. She was present when the seed grain was delivered, and supervised the Grain Co. employees who unloaded the seed grain into her silos. She then used some of the seed grain to sow her field. When she found that she had some seed grain left over, she fed it to her dairy cattle.
Farmer Jones sold the milk produced by her dairy cattle to Big Food Stores, Inc. (“Big Food”). Several of the people who bought their milk at Big Food became seriously ill, and the Centers for Disease Control (CDC), a government agency that investigates outbreaks of illness, determined that mercury poisoning was the cause of their illness. CDC traced the mercury to the milk that Farmer Jones sold to Big Food.
On what theory or theories might the injured milk consumers recover damages from, and what defenses should they anticipate, in actions against:
1. Grain Co.? Discuss.
2. Farmer Jones? Discuss. 3. Big Food? Discuss.
October 2006 Question 1 [Contracts]
Computer, Inc. (“CI”) is a well-known manufacturer of computer equipment. On January 3 CI received an order by fax for a CI computer with advanced internet capabilities from a newly formed company, Startup, Inc. (“Startup”). The order did not contain sufficient details for CI to determine exactly which model computer Startup wanted.
On June 5, CI’s order department sent a letter to Startup stating:
Received your order. However, we have over 16 different computer models; please review the enclosed catalog and fax us with the exact model number of the computer you want to purchase. We require payment in full, including shipping charges, before we will ship.
On June 8, CI received an order by mail from Startup stating, “Send us your model 100 with a Delta Operating System. Enclosed is our check for $4,500." CI immediately shipped to Startup a model 100 computer, which, as stated in CI’s catalog, came equipped with a Gamma Operating System, and cost $7,000. Startup actually intended to order a CI model 10 computer, but it had made a typographical error on its June 8 order.
Upon discovering the error, CI billed Startup for an additional $2,500, the difference between the $4,500 Startup payment and the $7,000 cost of the model 100. Startup refused to pay.
Startup has been unable to use the model 100, and CI refuses to take it back.
In a suit for breach of contract by CI against Startup to recover the $2,500 differential, what defense might Startup reasonably assert, and who should prevail in the suit? Discuss.
October 2006 Question 2 [Criminal Law]
Pete is a salesperson at XYZ Real Estate Company (“XYZ”). Vic owned a parcel of industrial real estate that he wanted to sell. Vic retained Pete as his agent to sell the parcel for him, and they agreed to list the parcel for a price of $100,000. Developer contacted Pete and expressed interest in buying Vic’s property.
Pete falsely told Vic that a soils test report revealed serious toxic contamination on the parcel and that, because of high cleanup costs, the most Vic could hope to get for the parcel was $15,000 to $17,000. Vic said, “OK. Do your best.”
About a week later, Pete persuaded his friend, Frank, to sign an offer to Vic, offering to pay $17,000 for the parcel. When Frank asked why Pete wanted him to do this, Pete told him, “The actual buyer is traveling in Europe and can’t get back in time to sign the papers, so he authorized me to find someone to sign for him. I’m designating you as that person, but, don’t worry, you won’t be liable for anything.” Believing Pete’s explanation, Frank agreed to sign out of his friendship with Pete. Pete presented the offer signed by Frank, and Vic accepted it.
Pete, figuring he would temporarily “borrow” $17,000 from XYZ, wrote a check on the XYZ bank account for $17,000 and gave it to Frank to deposit into Frank’s account. Frank attended the real estate closing, obtained the deed, and gave Vic his personal check for $17,000. Two days later, Pete sold the property to Developer for $100,000. From the proceeds of that sale, Pete returned the $17,000 to XYZ’s account and kept the balance for himself.
1. Of what crimes, if any, can Pete be convicted? Discuss.
2. With what crime might Frank be charged, and is it likely he would be convicted? Discuss.
3. Is Pete guilty of solicitation?
October 2006 Question 3 [Torts]
During a severe thunderstorm, Alice sought shelter inside Walton Grocery Store (“Walton”). Alice slipped on a bunch of grapes that she failed to notice and that had fallen from a display near the entryway. After Alice’s fall, witnesses described the grapes as “smashed,” “flattened,” “squished,” and “gritty.” The store manager told Alice that the area where Alice’s fall occurred had been swept no more than 35 minutes before she fell. As a result of the fall, Alice suffered a broken arm and a broken ankle.
Later that same day Betty, while shopping in Walton, accepted an offer to sample a new product, “Mom’s Whole Berry Pie,” baked and distributed by Mom’s Bakery, Inc. As she was chewing what she thought were blueberries, she bit down on a pebble the size of a blueberry and broke a tooth.
On what legal theories, if any, can Walton be held liable for personal injury to Alice and Betty? Discuss.
October 2006 Question 4 [Contracts]
Upon completing his PhD studies, Cooper embarked on a nationwide search for a job as an instructor at various universities.
Cooper had an all-day interview on the campus of North University (“NU”) in his home state, State A. At the conclusion of the interview, the dean of NU offered Cooper a position as a tenure-track assistant professor. Cooper accepted immediately, and the dean told him a written contract with
details would be sent to him shortly.
Cooper received the written contract from NU, read it carefully, and confirmed that the position title, tenure-track status, salary, and courses to be taught were all in conformity with the oral agreement he and the NU dean had agreed upon. He signed the contract and returned it.
Several months before the beginning of the school year, the NU dean called Cooper and informed him that he had been assigned to the newly-opened State B campus of NU and that he would need to move to State B prior to the start of the September term. Cooper was unaware that NU had opened the new campus in State B. There had been no mention of the State B campus during his interview. The written contract that Cooper signed did not indicate at which campus he would be teaching.
Cooper refuses to move to State B, which is over 1,000 miles away from the State A campus.
Cooper sues NU for breach of contract, and NU cross-complains, alleging an implied term in the NU/Cooper contract that Cooper would teach at either of the NU campuses, seeking a decree of specific performance requiring Cooper to teach at the State B campus.
How should the court rule on:
1. Cooper’s breach of contract claim? Discuss.
2. NU’s request for specific performance? Discuss.