2013

http://www.calbar.ca.gov/Portals/0/documents/admissions/fyx/June2013_FYLSX_Selected%20Answers_R.pdf

http://www.calbar.ca.gov/Portals/0/documents/admissions/fyx/FYLSX_Oct2013_Selected_Answers_R.pdf

June 2013 Question 1 [Contracts]

Olivia is a florist who specializes in roses. She has a five-year written contract with Juan to sell him as many roses as he needs for his wedding chapel. Over the past three years, Olivia sold Juan between 300 and 1,500 dozen roses annually. Although two years remain on the contract, Juan has just notified Olivia that he cannot continue to buy roses from her because of serious budget concerns.

Last month, Ann emailed Olivia an order for “1,000 white stems” to decorate an event hall, specifying no particular price or flower. Ann assumed that Olivia would send roses, her specialty, but Olivia instead sent orchids, the only “white stems” available at the time. When Ann received the white orchids, she was surprised, but had no time to inquire about substitutes. As a result, she used the orchids for the event. When Olivia subsequently billed Ann $5 per stem for the orchids, a price twice that of roses, Ann refused to pay the higher amount.

1. What contract rights and remedies, if any, does Olivia have against Juan? Discuss.

2. What contract rights and remedies, if any, does Olivia have against Ann? Discuss.

June 2013 Question 2 [Criminal Law]

Alma believed that Ed, her employer, had cheated her out of overtime pay. She asked her friend, Bob, a locksmith, to open a locked drawer in Ed’s desk so that she could obtain confidential documents for use in embarrassing Ed into paying her what she thought he owed her. Bob said he would help her.

Alma took Bob to Ed’s office, where he opened the locked desk drawer. Just after Alma and Bob had removed the confidential documents from the drawer, Ed came into the office. Startled, he chased Bob onto a balcony and pushed him. Bob fell over the balcony railing and landed on Diane, who was walking on the sidewalk below. Bob was unharmed but Diane died instantly.

1. With what crimes, if any, can Alma reasonably be charged, and what defenses, if any, can she reasonably raise? Discuss.

2. With what crimes, if any, can Bob reasonably be charged, and what defenses, if any, can he reasonably raise? Discuss.

3. With what crimes, if any, can Ed reasonably be charged, and what defenses, if any, can he reasonably raise? Discuss.

June 2013 Question 3 [Contracts]

County planned to make improvements on one of its roads. To that end, on May 1, County entered into a contract with Installco containing the following terms: County agreed to repave the road by June 1; Installco agreed to install new guardrails, which was expected to take three weeks, after County had completed repaving; and County agreed to pay Installco $200,000.

On June 15, Installco learned that County was far from completing the repaving of the road. It sent County an email stating: “The June 1 start date for the installation has passed. You knew when we signed the contract that we have another large guardrail installation job starting on August 1 and do not have enough equipment to do both jobs simultaneously. Please advise immediately as to your schedule for completion of the repaving.”

On June 18, County responded with an email stating: “We are doing our best.”

On July 1, County had not yet completed the repaving of the road. Installco received an offer to do a two-week guardrail installation job beginning immediately. Installco sent County an email stating that it no longer intended to perform the contract because of County’s failure to complete repaving.

On August 10, County finally completed repaving the road. It located another company to install the guardrails, but had to pay $300,000.

1. What arguments can County reasonably make that Installco breached the contract? Discuss.

2. What arguments can Installco reasonably make that it did not breach the contract? Discuss.

3. Who is likely to prevail? Discuss.

June 2013 Question 4 [Torts]

Rick and Walt are next-door neighbors. Rick hosted nightly rehearsals in his backyard for his band, which featured several electric guitars and amplifiers that he owned. Because the rehearsals were so loud, Walt could not conduct telephone conversations in his house even with the windows closed. He repeatedly asked Rick to lower the volume of his rehearsals, but Rick refused.

One night, while Walt was standing in his own yard, he attempted to disrupt a rehearsal by trying to spray Rick with water from his garden hose. He missed Rick with the water, but hit Cal, another band member, and the amplifiers. The water caused Cal to suffer a severe electric shock when it contacted an electric guitar he was holding. The water also destroyed the amplifiers.

Rick picked up another electric guitar, ran into Walt’s yard, and charged at Walt, swinging at his head. Walt ducked and ran into his house.

1. What tort claims, not based on negligence, can Walt reasonably bring against Rick? Discuss.

2. What tort claims, not based on negligence, can Rick reasonably bring against Walt? Discuss.

3. What tort claims, not based on negligence, can Cal reasonably bring against Walt? Discuss.

October 2013 Question 1 [Criminal Law]

Angela and Bart are animal rights activists. Angela lived near a horse ranch owned by Chris. She told Bart that she suspected the horses were being abused because she saw people going in and out of the barn at all hours of the day and night, and suggested that they go there to investigate.

Unable to open the ranch gate, Angela and Bart climbed the fence, crossed the yard, opened the door to the barn, and stepped inside. There, they found healthy horses, but also a large amount of stolen electronic equipment.

Surprised to see intruders, Chris, who was carrying a rifle, pointed it at Angela and Bart and accidentally caused it to discharge. The bullet hit the side of the barn near Angela and Bart. The noise startled the horses. Angela and Bart fled, letting out the horses. A motorist, who was driving down the road, swerved to miss the stampeding horses, crashed into a tree, and died.

1. With what crimes, if any, can Angela reasonably be charged, and what defenses, if any, can she reasonably raise? Discuss.

2. With what crimes, if any, can Bart reasonably be charged, and what defenses, if any, can he reasonably raise? Discuss.

3. With what crimes, if any, can Chris reasonably be charged, and what defenses, if any, can he reasonably raise? Discuss.

October 2013 Question 2 [Torts]

Abe wanted to cut down a tree that was growing on public property bordering his house because he did not want to rake its leaves. When Abe attempted to do so, Bill, who lived across the street, demanded that he stop. Abe refused and, holding his saw in front of him, took two steps toward Bill. Avoiding Abe, Bill climbed high into the tree, insisting he would not come down because he wanted to save the tree. Abe nevertheless sawed through the trunk of the tree, which fell into the street with Bill in it, causing Bill serious injuries.

Cindy, a passerby, rushed to help Bill. As she was assisting him, she was struck by a car and sustained serious injuries.

Debbie, a neighbor, watched the entire incident from her front porch and suffered severe emotional distress as a result.

1. Is Bill likely to prevail on any intentional tort claim against Abe? Discuss.

2. Is Cindy likely to prevail on a negligence claim against Abe? Discuss.

3. Is Debbie likely to prevail on a negligent infliction of emotional distress claim against Abe? Discuss.

October 2013 Question 3 [Contracts]

Sally wanted to sell an antique doll that she had inherited. She posted a photograph of the doll on her Facebook page with a note stating:

Last month, one just like this sold on eBay for $650! I’ll sell it to any of you for $450. First person I hear from gets it. Otherwise, after five days, I’ll sell it on eBay. Call me - no Facebook allowed at my job.

That same day, Barbara, one of Sally’s Facebook friends, saw Sally’s post. She believed that the doll might be worth more than $450. She soon learned from a local antique dealer that it was worth $1,500. She used her tablet computer to go on Sally’s Facebook page. There, she saw a note posted by Judy, another Facebook friend of Sally, stating: “The doll is worth way more than you think. Don’t sell it.” Barbara then left a note stating, “I’ll take the doll for $450. Barbara.” Later, she called Sally and said, “This is Barbara, and I’ll buy the doll for $450.” Sally replied, “Sorry, you’re too late.” Barbara looked again at Facebook and saw a new note from Sally stating: “Thanks for the information, Judy. The doll is going straight to eBay.”

1. Did Barbara enter into an enforceable contract with Sally? Discuss.

2. If Barbara entered into an enforceable contract with Sally, what remedies, if any, does she have? Discuss.

October 2013 Question 4 [Criminal Law]

In a series of nighttime burglaries, a burglar broke into houses when the owners were away and stole items of value. The burglar ate cookies found at each house and therefore became known as the “cookie bandit.”

Wanting to protect his property and prevent a burglary while he was out of town for the weekend, Dan planned to lace some cookies with cyanide and leave them on his kitchen counter. He believed his plan was lawful because he had been told by a police officer that he could use deadly force to prevent a burglary. He asked his friend Ann to help him obtain cyanide. She tried to talk him out of his plan, but he assured her that it was lawful. She then got him some cyanide. He laced some cookies with it, left them on the kitchen counter, and went out of town for the weekend.

During Dan’s absence, his neighbor Jane entered his house, together with her five-year-old son, Victor. Each weekend, Jane cleaned Dan’s house. While Jane was cleaning, Victor found the cookies, ate one, and died.

1. With what crimes, if any, can Dan reasonably be charged, and what defenses, if any, can he reasonably raise? Discuss.

2. With what crimes, if any, can Ann reasonably be charged, and what defenses, if any, can she reasonably raise? Discuss.