June 2010 Question 1 [Torts]
Adam accepted an invitation from his friend Dot to attend a baseball game. The seats Dot had purchased were very good, a few rows up from the field, and just past first base. Adam had recently immigrated to the United States and knew nothing about baseball.
During the game, a player, Brad, hit a ground ball toward third base. The third baseman fielded the ball and threw to the first baseman. Brad thought he was “safe,” but the first base umpire called him “out.” Brad began to argue with the umpire, and in frustration, Brad threw his batting helmet to the ground. The helmet, made of a strong, hard plastic material, bounced on the ground and flew into the stands, striking Adam on the side of the head, causing a serious injury. Adam never saw the helmet coming towards him because he was looking around the stadium at the time rather than at the play on the field. As he was unfamiliar with the game of baseball, he did not know that objects occasionally fly into the stands during a baseball game.
What arguments would Adam make in support of a claim of negligence, what defense(s) can reasonably be asserted, and who is likely to prevail in a lawsuit filed by:
1. Adam against Brad? Discuss.
2. Adam against Dot? Discuss.
June 2010 Question 2 [Criminal Law]
Dawn lives in an apartment with her dog Fluffy and her boyfriend Bill. A year ago Bill began buying and selling illegal drugs.
One day Bill asked Dawn to deliver a plastic bag containing a white powder to a house on Main Street. Dawn believed the bag contained cocaine and refused, saying, "I wish you would stop dealing cocaine. I want nothing to do with your dirty business."
Bill flew into a rage. He said, "I am sick and tired of your superior attitude. If you don't deliver this bag, then I am going to kill Fluffy." He then grabbed the dog and held a knife against its side until Fluffy began to squeal.
Afraid for Fluffy’s well-being, Dawn agreed to deliver the bag and its contents. She put the bag in her purse, got into her car, and drove towards Main Street. She drove very carefully and within the posted speed limit to avoid getting stopped by the police. As she approached Main Street, a two-year-old boy, Victor, darted out in front of Dawn's car. Her car struck Victor before she had a chance to apply her brakes. Victor was killed immediately by the impact.
While still at the accident scene, the police arrived and arrested Dawn. In searching her purse they discovered the white powder. Chemical analysis revealed that the white powder was cocaine.
With what crimes may Dawn be charged and what defenses could she raise? Discuss.
June 2010 Question 3 [Contracts]
Ann wanted to purchase a gift for her boyfriend, Ben. Ann and Ben went to Ritz Jewelry to select the gift. Charles, the store manager, assisted them. Ann explained to Charles that she wanted to purchase a gift for Ben, and that Ben could select whatever he wanted. Ben chose a large gold chain costing $2,400.
Ann and Ritz executed a written installment sales contract which identified the chain as “solid 18K gold,” stated the purchase price of $2,400 which was to be paid by Ann in twenty-four equal monthly payments, and stated that the contract was not assignable.
Ben wore the gold chain proudly, but the relationship with Ann ended a few months later. When the two parted, Ann made it clear that Ben could keep the gold chain. Ben subsequently took the chain to another jeweler for cleaning and then discovered that the chain was not solid gold after all, but rather was gold plated and the thin gold plating was wearing off the chain. Ben decided to make a claim directly against Ritz for misrepresenting the chain’s quality, without involving Ann.
When Ben made the claim against Ritz, Ritz informed Ben that Ritz had assigned the contract and its right to receive payments from Ann to CreditCo, a finance company. Ritz had previously notified Ann of the assignment. Ann had paid six of the twenty-four payments due under the installment sales contract. However, when Ann learned that the gold chain was not solid 18K gold as represented, she stopped making any more payments to CreditCo.
1. Can Ben prevail in a breach of contract action against Ritz? Discuss.
2. Is the assignment by Ritz to CreditCo effective? Discuss.
3. Can CreditCo prevail in a breach of contract action against Ann? Discuss.
June 2010 Question 4 [Torts]
Employer hired Driver to operate a delivery van. Before allowing Driver to operate the van, Employer checked Driver’s prior job references, required Driver to undergo a physical examination by a medical doctor, and provided Driver with extensive training in motor vehicle safety. Medic, the medical doctor who examined Driver, discovered that Driver had a sleep disorder that caused Driver to spontaneously fall asleep and that Driver had on several occasions fallen asleep while driving. Driver pleaded with Medic not to inform Employer of the sleep disorder. Medic agreed, and omitted this information from the physical examination form that he sent to Employer. Medic also sent a letter to Employer assuring Employer that Driver was “in all respects fit for employment as a delivery van operator.” Employer then provided Driver with a daily delivery route and paid him a monthly salary.
While Driver was making deliveries for Employer, the van left the road and struck Pedestrian, who suffered severe injuries as a result.
Pedestrian filed a lawsuit for the damages as a result of the injuries sustained in the accident against Driver, Employer, and Medic.
1. Can Pedestrian prevail under the doctrine of res ipsa loquitur concerning Driver’s alleged negligence? Discuss.
2. What arguments will Pedestrian make in support of his claims of negligence, what defenses can reasonably be asserted, and who is likely to prevail in a lawsuit filed by Pedestrian against:
a. Employer? Discuss.
b. Medic? Discuss.
October 2010 Question 1 [Torts]
Pam drove to Diner, a local restaurant, at about 5:00 p.m. When she got out of her car in Diner’s parking lot, she was robbed at gunpoint by an unknown assailant, who took her purse and her cellular phone. Pam later discovered that she was not the first victim of a crime in the Diner parking lot. In the past year, two other customers had been the victims of auto burglaries, which occurred while they were dining inside the restaurant. Diner put two video cameras in the parking lot, but did not hire security guards to patrol the parking lot.
As the robber began to flee, Pam wanted to get help and decided to run into Diner to use one of its telephones. She hoped that by calling “911” quickly, the robber could be apprehended and her property returned. As Pam ran across the parking lot she tripped in a large pothole and fell and broke her arm. Diner had not repaired the pothole, although customers had been complaining about it for weeks. All of the complaints were from customers who had not spotted the pothole while driving, hit it, and worried that their tires would be knocked out of alignment. The pothole was readily visible to pedestrians. Had Pam not been so panicked by the robbery, she likely would have noticed the problem and avoided it.
When Pam entered the restaurant, she asked a waiter, Wayne, to let her use Diner’s phone to call “911.” Wayne refused to let her use the telephone. He said Diner’s policy limited use of the telephones to employees making business-related calls and strictly prohibited calls by customers. In fact, Pam later found out that Wayne had misstated the policy, which included an exception for emergencies. When Wayne refused, another customer promptly called “911” for Pam, using his own cellular phone. The paramedics and police arrived shortly thereafter, enabling Pam to get immediate treatment. However, the robber was never apprehended and Pam never recovered her purse or her cellular phone.
Pam is suing Diner. Under what theory or theories might Pam bring an action against Diner, what defenses, if any, might Diner assert, and what is the likelihood Pam will be successful in obtaining damages for:
1) The loss of her purse, her cellular phone, and her emotional distress as a result of the robbery? Discuss.
2) Her broken arm? Discuss.
3) Exacerbation of her injuries due to Wayne’s refusal to allow her to use Diner’s phone to call “911”? Discuss.
October 2010 Question 2 [Contracts]
Data is a data processing company. Data’s business depends on the operation of several large computers. Data decided to employ an outside company to provide computer maintenance and service. Data’s president and other corporate officers met with the president of Reboot to discuss a computer service agreement. The next day Reboot faxed its standard form contract to Data. The contract reads as follows:
Client hereby agrees to purchase computer maintenance services from Reboot at a cost of $2,000 per month. Reboot hereby agrees to provide up to ten hours of service per month, with additional hours payable at $300 per hour. Reboot further agrees that it will provide same-day service in response to every service request. This agreement shall expire one year from the date on which it is made. In the event that Client fails to make a payment required under this agreement, 80 per cent of the entire remaining balance under the agreement shall become immediately due and payable.
Data signed and returned the contract and made the first $2,000 payment. During the first month of the agreement, Data made two service requests.
Both requests were received by Reboot at 9:00 a.m. In each case Reboot personnel arrived at Data’s offices at noon and quickly fixed the problem. In both instances Data’s president complained about the delay but was told it was an unusually busy day. After the second service call, Data sent a fax to Reboot stating that Data would make no further payments under the contract. (Data later hired a different service company.) Reboot then sent a letter to Data demanding $17,600, representing 80 per cent of the remaining balance. When Data refused to pay, Reboot filed a lawsuit.
The president of Data claims that during the initial meeting with Reboot’s president, she told him that it was absolutely crucial that Reboot respond to service requests within one hour. She says that Reboot’s president told the group, “I understand. If you sign up with us, I promise we’ll be there within an hour.”
Under what theory or theories might Reboot bring a lawsuit against Data, what defense(s), if any, can Data assert, and which party is likely to prevail? Discuss.
October 2010 Question 3 [Criminal Law]
Alan, age 18, decided that as a graduation prank he would set fire to the athletics equipment shed at the high school. Late on a Saturday night, Alan, who had consumed a few beers, told his friend, Brian, about his plan and asked Brian to drive him to the school. “That’s an idiotic idea,” Brian told Alan. “What if somebody’s in there? Somebody might get hurt.” Alan replied that he didn’t think it was likely anyone would be there late at night. Brian said, “It’s not my business why you want a ride. I’ll give you a lift, and what you do while you’re there is your problem.”
Brian drove Alan to the school and parked a hundred feet from the athletics shed. The shed was made of wood. Alan had brought a single pack of paper matches, but was unable to set the shed aflame. Brian, watching from a distance, beckoned to Alan and offered him his cigarette lighter, saying, “Get this over with so we can get out of here.” Alan returned to the shed with the lighter and was able to get the shed to smolder, but not catch fire. After several tries, he gave up. Alan and Brian left the school. Because of his intoxication, Alan did not hear Carl, a local homeless man, snoring inside the shed.
Unbeknownst to Alan or Brian, the shed was still smoldering. Two hours later, high winds caused the remaining sparks to burst into flame; the resulting fire destroyed the athletics shed. Carl was still asleep in the shed and was killed by the fire.
What crimes, if any, have Alan and Brian committed? What defenses can each assert, and will they be successful? Discuss.
October 2010 Question 4 [Torts]
Delicious, Inc. manufactures jelly-filled doughnuts which are sold in grocery stores. Delicious doughnuts are packaged in a paper wrapper, which is recyclable, but which costs more than plastic wrappers. On the front of the wrapper is printed, “Delicious Doughnuts,” and on the back is printed nutritional information.
Adrian, Cara, and Ed each purchased Delicious doughnuts at a local grocery store. The doughnut that Adrian purchased had a thumbtack inside. Not knowing this, Adrian threw the doughnut at his roommate, Bob, during a food fight at breakfast. Bob suffered a serious injury to his eye when the thumbtack scratched it.
Cara heated her doughnut in a microwave oven on a high temperature setting for several minutes. When she removed the doughnut from the microwave, it was warm to the touch. When she bit into it, however, the inside of her mouth was badly burned by the jelly filling which, because it was liquid, had been heated to a much higher temperature than the pastry on the outside.
Ed packed his doughnut in a suitcase to take on a business trip to make an important sales presentation for his company. When he opened the suitcase at his destination he found that the doughnut had leaked jelly through the paper wrapper and stained all of the clothes in the suitcase. Ed didn’t have time to buy new clothes and so wore the stained clothes to the sales presentation. He didn’t make the sale.
Under what theory or theories can Adrian, Bob, Cara, and Ed bring claims against Delicious, what defenses, if any, might Delicious assert, and what damages, if any, are likely to be awarded in a lawsuit brought by:
(1) Adrian against Delicious? Discuss.
(2) Bob against Delicious? Discuss.
(3) Cara against Delicious? Discuss.
(4) Ed against Delicious? Discuss.