http://www.calbar.ca.gov/Portals/0/documents/admissions/fyx/FYSelectedAnswerswithQuestions_R.pdf
http://www.calbar.ca.gov/Portals/0/documents/admissions/fyx/FYLXOct2012_Selected_Answers_R.pdf
June 2012 Question 1 [Contracts]
Chip, Inc. (“Chip”) manufactures computers. It uses a certain part—Part X—that can be manufactured by several companies, including Company A and Company B. It currently needs 1,000 units of the part. Company A, which had previously supplied the part, informed Chip that it was unable to do so.
On July 1, Chip sent a letter to the other manufacturers, including Company B, stating:
We are sending this order to several manufacturers. We will buy from the first manufacturer to commit itself to provide 1,000 units of Part X at $20 each by July 31 on the terms specified in this order, provided the commitment is made to us by July 8. We are aware that, because of the nature of the part, we cannot expect you to warrant it against manufacturing defects.
On July 3, Company A told Chip that it might be able to supply 1,000 units of Part X after all. Since Company A was Chip’s preferred manufacturer, Chip sent a letter on July 4 to the other manufacturers stating: “We may be in a position to obtain 1,000 units of Part X elsewhere. Please disregard the letter we sent on July 1.”
On July 7, Company B delivered a letter to Chip stating: “We accept your offer and will supply you with 1,000 units of Part X by July 31 on the terms specified herein. We warrant the part against manufacturing defects.”
1. Does Company B have a contract with Chip to supply 1,000 units of Part X? Discuss.
2. Assuming that Company B does have a contract with Chip to supply 1,000 units of Part X, does the contract contain a warranty against manufacturing defects? Discuss.
June 2012 Question 2 [Criminal Law]
Van is short and small. One day, as he was walking down a street near his office, he was suddenly grabbed by Abe and Bob, who were each much taller and larger than he, and was dragged into an alley. Abe and Bob beat Van severely with brass knuckles and took several items from him, including a ring. Charles had been standing nearby watching the attack. After the attack, Abe and Bob gave Charles the ring they had taken from Van.
Van was traumatized by the attack, and decided to carry a knife for protection.
Not long after the attack, Van was walking down the street near his office when he saw Abe walking toward him. He suddenly felt fear and rage. He quickly pulled out his knife and held it behind his back. Not noticing Van, Abe put his hands into his pocket. Van believed Abe was reaching for his brass knuckles. Van immediately stabbed Abe, killing him instantly. In fact, Abe had been reaching for a bus pass, not brass knuckles.
1. With what crimes, if any, can Bob reasonably be charged and what defenses, if any, can he reasonably raise? Discuss.
2. With what crimes, if any, can Charles reasonably be charged and what defenses, if any, can he reasonably raise? Discuss.
3. With what crimes, if any, can Van reasonably be charged and what defenses, if any, can he reasonably raise? Discuss.
June 2012 Question 3 [Torts]
Superstore is a 24-hour grocery store. For safety reasons, Superstore has installed bright lights in its parking lot that turn on in response to loud noises. The lights turn on several times a week, especially during the night, and have caused neighboring homeowners to complain of loss of sleep and various adverse health consequences.
One night, Ned and Carl exited Superstore, each carrying a heavy bag. Ned is the publisher of a local newspaper and Carl is a business consultant. As they exited, they accidentally bumped into each other, each causing the other to drop his bag and spill its contents. A loud argument ensued. Ned took several steps toward Carl; Carl threw an orange at Ned and grazed his pant leg without injuring him; and Ned punched Carl in the stomach. The loudness of the argument caused the lights in the parking lot to turn on. Soon, a Superstore security guard arrived and restored order.
The next day, Ned published an account of the incident, calling Carl a “coward and a liar.” Carl experienced a substantial decrease in business consulting thereafter.
1. What tort claim or claims can Ned reasonably bring against Carl, and what defense or defenses can Carl reasonably raise? Discuss.
2. What tort claim or claims can Carl reasonably bring against Ned, and what defense or defenses can Ned reasonably raise? Discuss.
3. What tort claim or claims can the neighboring homeowners reasonably bring against Superstore? Discuss.
June 2012 Question 4 [Criminal Law]
After dinner, Alvin felt ill. Although he thought he might have indigestion, he was short of breath and was experiencing chest pains, well-known symptoms of a heart attack. He drove himself to the emergency room at a local hospital.
At the emergency room, Alvin described his symptoms to Nick, an experienced screening nurse. Donna was the physician on duty. She had already worked a fourteen-hour shift and was eager to go home. Without examining Alvin, Donna concluded that he had indigestion, relying on Nick’s statement of his symptoms. She sent him home, recommending that he take some bicarbonate of soda.
On the drive home, Alvin collapsed behind the wheel of his car. He veered into oncoming traffic, struck a truck, and died instantly. If Alvin had been examined by Donna, he would not have collapsed behind the wheel of his car.
With what crimes, if any, can Donna reasonably be charged? Discuss.
October 2012 Question 1 [Torts]
Patricia hired Contractor to build an addition to her home. During excavation, a safety inspector determined that the excavation violated statutory standards intended to protect workers from cave-ins. In response, Foreman shut down the work site.
Foreman stepped away from the work site to call his wife. Just then Stephen, who was Patricia's ten-year-old son, came home from school and climbed into the excavated hole. As he reached the bottom, he screamed as soil caved in around him and he was buried. Hearing the scream, Foreman grabbed a shovel, jumped into the hole, freed Stephen after several minutes of shoveling, found that his heart had stopped, and applied chest compressions to resuscitate him.
Stephen suffered a sprained ankle as a result of the cave-in and broken ribs as a result of the chest compressions.
1. What claims, if any, can Patricia reasonably bring on Stephen’s behalf against Contractor? Discuss.
2. What claims, if any, can Patricia reasonably bring on Stephen’s behalf against Foreman? Discuss.
October 2012 Question 2 [Criminal Law]
Ann was owed $500 by Victor, a former boyfriend, who refused to pay her. She knew that he kept a large amount of cash at his house. She drove there late one night with a pistol tucked in her waistband to scare him into paying her.
When Ann arrived at Victor’s house and rang the bell, he refused to let her in. She went around to the back of the house, broke a window in the back door, and let herself in.She confronted him in the living room and demanded the $500.
Victor took $500 from a desk drawer and crossed the room to Ann. But instead of handing her the money, he grabbed the gun from her waistband and pushed her away from him. He pointed the gun at her and said, “I think I will just shoot you and get you out of my hair permanently.” He did not intend to shoot her, only to scare her.
Ann was frightened and lunged at Victor’s arm. In the ensuing struggle, the gun fired, killing Victor. Ann picked up the $500 and left. As she was speeding away, she struck and injured a bicyclist.
With what crimes, if any, can Ann reasonably be charged, and what defenses, if any, can she reasonably assert? Discuss.
October 2012 Question 3 [Contracts]
Sam decided to sell his interior design business in Town to Betty. While reviewing a purchase agreement drafted by Sam, Betty insisted on a covenant by Sam not to compete with her in the interior design business in Town for a period of two years. In response, Sam drafted the following proposed language on the last page of the purchase agreement:
“Sam hereby agrees that he will not perform interior design services in Town for a period of two years.”
Betty said: “That’s fine. I don’t want to have to compete with your ties to your former clients in Town.” Sam told Betty that he would revise the purchase agreement accordingly.
The following day, Sam sent Betty the original and one copy of the purchase agreement. Betty signed the original without reading it and returned it to Sam along with payment of the purchase price; she kept the copy. Sam never signed the purchase agreement.
Six months later, Betty learned that Sam had recently undertaken four large interior design jobs for clients who lived in Town. When she complained, he explained that, although the clients lived in Town, the jobs were on properties located outside Town. She reviewed her copy of the purchase agreement and discovered that it did not contain a covenant by him not to compete. Sam had mistakenly sent her an unrevised version of the purchase agreement.
1. Does the purchase agreement contain a covenant by Sam not to compete? Discuss.
2. Is the purchase agreement enforceable? Discuss.
3. Assuming the purchase agreement contains a covenant by Sam not to compete and is enforceable, did Sam violate the covenant? Discuss.
October 2012 Question 4 [Torts]
Cathy regularly fed neighborhood cats. As a result, she had dozens of cats living around her property. Darla operated a daycare center next door for a number of two-year-olds, including Ethan and Frank. Darla repeatedly asked Cathy not to feed the cats, explaining that they frequently came onto her property, defecated and urinated in a sandbox, and might scratch one of the children. Cathy continued feeding the cats.
Learning that cats are repelled by the smell of ammonia, Darla poured ammonia into the sandbox.
The next day, Ethan was scratched by one of the cats that Cathy fed and sustained a serious injury as a result of an ensuing infection. Frank ate sand while playing in the sandbox and sustained a serious injury as a result of ingesting ammonia.
What is the likely outcome of a negligence claim brought by:
1. Ethan's parents against Cathy, on behalf of Ethan? Discuss.
2. Ethan's parents against Darla, on behalf of Ethan? Discuss.
3. Frank's parents against Cathy, on behalf of Frank? Discuss.