2011
June 2011 Question 1 [Criminal Law]
Mel suffers from a mental disorder that gives rise to a subconscious desire to commit homicide. Under the influence of the mental disorder, Mel formulated a plan to kill Herb by breaking into Herb’s house and shooting him to death while he was asleep.
Brent, who had never met or communicated with Mel, learned of Mel’s plan. Brent knew when and where Mel intended to kill Herb, and he desired to assist Mel in the crime.
On the night Mel intended to kill Herb, unbeknownst to Mel, Brent forced open the front door to Herb’s house so as to effectuate Mel’s entry and facilitate his killing of Herb. Mel arrived at Herb’s house. He discovered the front door open and entered the house. Mel tiptoed to the bedroom and sprayed bullets into Herb’s body.
Unbeknownst to either Mel or Brent, Herb had died of a heart attack an hour before Mel fired the bullets.
1. Are Mel and/or Brent guilty of:
a. Murder? Discuss.
b. Attempted murder? Discuss.
c. Conspiracy to commit murder? Discuss.
2. Does Mel have a defense of insanity? Discuss.
June 2011 Question 2 [Torts]
Paula has owned property in a relatively undeveloped area near the top of Black Mountain for many years.
Six years ago, Telephone Company erected a cell phone transmission tower on Black Mountain not far from Paula’s property.
Four years ago, Paula built a cabin on her property and began to spend most of her free time there engaging in bird watching and other outdoor activities.
Last year, Telephone Company leased space on the tower for an emergency alert siren and agreed to install the siren and to test it regularly. The site was chosen because it allows the siren’s warning to carry farther than from any other site.
Telephone Company promptly installed the siren. Since its installation, it has tested the siren for a five-minute period weekly. The resulting sound is so loud as to cause Paula to stop whatever she is doing and cover her ears. It also greatly reduces the local bird population.
Two months ago, Paula sent a letter to Telephone Company outlining the effects of the siren and demanding that it cease its activities. Telephone Company has not responded to Paula’s demand.
Does Paula have any claim against Telephone Company? Discuss.
June 2011 Question 3 [Contracts]
Buyer wished to upgrade its 5,000 lighting fixtures to meet new energy conservation standards, but had been unable to find compatible lighting elements.
Buyer wrote to Seller, explaining its needs. On July 1, Seller e-mailed Buyer:
We believe we can manufacture the lighting elements that you require. We are prepared to supply 5,000 at $100 each. We understand that this is much more than you anticipated paying, but the redesign to meet your specifications will not be easy. We need to do this deal by September 1. If not, we will have to turn our attention elsewhere.
Buyer was relieved that it would not need to replace its existing lighting fixtures. Buyer felt sufficiently confident that it would be able to secure funding for the purchase so it terminated ongoing negotiations with manufacturers for replacement lighting fixtures.
On August 1, Buyer received notice that funds would be available. It immediately attempted to e-mail Seller: “We got the money. We have a done deal.” Seller did not, however, receive the message because Buyer sent it to the wrong e-mail address.
On August 10, Seller e-mailed Buyer:
We have reconsidered. Because of new commitments, we will not be able to supply the lighting elements as planned. Sorry.
Because its computer was down on August 10 and 11, Buyer was unaware of Seller’s August 10th e-mail message.
On August 12, Buyer telephoned Seller and the following exchange ensued:
Buyer: Our computers have been down for a couple of days, but we assume you got our message. Our people are real excited about this.
Seller: What message? And we told you two days ago we could not do the lighting elements.
Seller has refused to supply the lighting elements. It will be very difficult and expensive for Buyer to acquire replacement lighting fixtures.
Can Buyer prevail in a breach of contract action against Seller? Discuss.
June 2011 Question 4 [Criminal Law]
Victoria lived in a house with her roommates Ben and Carl. One night, Albert entered the house through an unlocked, but closed, back door and went into Victoria’s bedroom. Albert removed a partially full bottle of whiskey and a knife from his pockets, and threatened to harm Victoria if she screamed.
At that point, Ben and Carl discovered Albert in Victoria’s room. Catching sight of Ben and Carl, Albert took off running. Ben said to Carl, “Let’s get him!” Ben and Carl chased Albert out of the house and down the front stairs. Albert got into a vehicle and drove away. Ben and Carl jumped into a neighbor’s vehicle, which had its keys in the ignition, and sped after Albert.
Ben and Carl caught up with Albert in a deserted shopping center. Ben drove into the passenger side of Albert’s vehicle and pushed it until its driver’s side came to rest against the wall of a building, trapping Albert inside. No one was injured. At that time, the police arrived and arrested Albert, Ben, and Carl.
1. What crimes, if any, might Albert reasonably be charged with, and what defenses, if any, might he reasonably assert? Discuss.
2. What crimes, if any, might Ben and Carl reasonably be charged with, and what defenses, if any, might they reasonably assert? Discuss.
October 2011 Question 1 [Contracts]
On June 1, Betty faxed FeedCo a letter, expressing an interest in purchasing pigs. In response, FeedCo faxed Betty an unsigned document entitled “Pig Sales Agreement,” which, among other things, provided:
Buyer agrees to purchase from Seller, and Seller agrees to sell to Buyer, approximately 1050 pigs each month durin FeedCo.
On June 29, Betty agreed to accept, and actually accepted, delivery of 1050 pigs from FeedCo for $33.25 per pig.
On July 15, Betty received a further revised document signed by FeedCo. Once again, it did not include her changes about the number of pigs to be purchased or about the choice of law provision. At this point, Betty advised FeedCo that she would not accept any more pigs because they did not have a contract.
Can FeedCo prevail in a breach of contract action against Betty? Discuss.

October 2011 Question 2 [Criminal Law]
Al and his wife Bobbie owned a laundromat and lived in an apartment above it. They were having significant financial difficulties because the laundromat had been losing money.
Unbeknownst to Bobbie, Al decided to burn the laundromat down in order to obtain insurance proceeds. He contacted Ted, who had a reputation for being available to do “odd jobs.” Ted agreed to set fire to the laundromat the next day for 20 percent of the insurance proceeds. Al told him that he would call him once everyone was out of the building.
The next day, Al invited Bobbie out for a walk. While she was getting ready, he checked the laundromat, found no one there, and called Ted. While Al and Bobbie were out walking, Bobbie mentioned that, just as she was leaving, her brother Brad had come by the apartment unexpectedly and was napping on their couch. Al rushed to call Ted. When he could not reach him, he made an anonymous call to 911 to report a possible fire at the laundromat.
In the meantime, Ted started a fire that quickly engulfed the laundromat and the apartment, and killed Brad. After learning of Brad’s death, Al decided not to file a claim for insurance proceeds.
With what crimes, if any, could Al be charged and what defenses, if any, could he assert? Discuss.
October 2011 Question 3 [Contracts]
Dana decided to purchase new carpet for her home from Larry. Before signing a contract, Larry carefully evaluated Dana's home, including the subfloor, and concluded that it would take approximately 10 hours over two days to complete the job.
Dana entered into a written contract with Larry providing that she would pay him $2,500 for the carpeting project, including the removal and disposal of the old carpet, any necessary repairs to the subfloor, and installation of the new carpet.
When Larry ordered Dana's carpet, he discovered that the manufacturer's price had significantly increased. Later, when he began to remove her old carpet, he discovered that the subfloor was in far worse condition than he had expected. He then realized that the job would take at least 15 hours to complete.
As Larry worked, Dana expressed concern that he would not complete the job in time for an important dinner party she had planned for the following night. She pressed him to complete the job as soon as possible. He responded: “I’m going to lose at least $500 on this job. Your carpet cost me a lot more than expected, and the installation is taking forever. If you really want me to complete this job by tomorrow, you should consider paying what the job is actually worth."
Shocked by what Larry said, Dana feared that he might walk off the job. Believing she had no alternative, she immediately agreed to pay an additional $500. Larry worked later than usual that afternoon, and he completed the job in time for Dana’s dinner party.
Dana is fully satisfied with the job, but has refused to pay Larry more than $2,500.
Larry has sued Dana for breach of contract.
What arguments can Larry reasonably make to show that Dana has breached the contract, what arguments can Dana reasonably make to show that she has not, and who is likely to prevail? Discuss.
October 2011 Question 4 [Torts]
One evening, a singer was performing at a local restaurant that was packed with customers. While he was performing, a fire broke out in the restaurant’s kitchen and caused smoke to fill the premises. Seeing the smoke, he screamed, “Fire!” The customers panicked and rushed toward the exits.
Polly, a blind woman who was sitting at a table near the stage, tried to find an exit but mistakenly walked into the kitchen, where she inhaled thick smoke and was burned by flames. Eventually, she found her way outside and collapsed face-down on the sidewalk.
A passerby noticed Polly. Concerned that she might not be breathing, he turned her over and prepared to administer CPR. As it happened, she did not require CPR. But by turning her over, he worsened her injuries.
An investigation showed that the fire began in one of the restaurant’s ovens. The oven’s ventilation system had failed to work properly because grease had built up in a pipe and blocked the airflow. A statute provides that restaurants “shall equip ovens with ventilation systems and shall maintain such systems in working order at all times,” and makes violation punishable by a fine of $250 per day.
1. What claims, if any, can Polly reasonably bring against the singer, what defenses, if any, can he reasonably assert, and who is likely to prevail? Discuss.
2. What claims, if any, can Polly reasonably bring against the restaurant, what defenses, if any, can it reasonably assert, and who is likely to prevail? Discuss.
3. What claims, if any, can Polly reasonably bring against the passerby, what defenses, if any, can he reasonably assert, and who is likely to prevail? Discuss.