[Torts]
Autos, Inc. manufactures a two-seater convertible, the Roadster. The Roadster has an airbag for each seat. Autos, Inc. was aware that airbags can be dangerous to children, so it considered installing either of two existing technologies: (1) a safety switch operated by a key that would allow the passenger airbag to be turned off manually, or (2) a sensor under the passenger seat that would turn off the airbag upon detection of a child’s presence. Both technologies had drawbacks. The sensor technology was relatively new and untested, and the safety switch technology had the risk that people might forget to turn the airbag back on when an adult was in the seat. The safety switch would have increased the price per car by $5, and the sensor would have increased the price per car by $900.
Research showed that most riders were adults and that the airbags rarely hurt children who were properly belted into the seat. No federal or state regulation required either a safety switch or a sensor. Autos, Inc. chose to install neither.
Oscar bought a Roadster. On his first day of ownership, he decided to take his 10-year-old daughter, Chloe, to a local ice cream shop. On the way home, Oscar accidentally ran the Roadster into a bridge abutment. The airbags inflated as designed and struck Chloe in the head, causing serious injury. Chloe was properly belted into the seat. She would not have been hurt if the airbag had not struck her.
What tort theories can reasonably be asserted on Chloe’s behalf against Autos, Inc., what defenses can Autos, Inc. reasonably raise, and what is the likely outcome? Discuss.
[Wills]
Tim and Anna were married for ten years. In 2000, their marriage was legally dissolved. For several months following the dissolution, Tim and Anna attempted to reconcile but ultimately failed to do so.
In 2001, after reconciliation attempts failed, Tim executed a valid will leaving “all my property to my best friend, Anna.” Later that year, Fred was born to Anna out of wedlock. Tim was Fred’s father, but Anna did not inform Tim of Fred’s existence.
In 2002, Tim and Beth married. Two days before the wedding, Beth executed a prenuptial agreement waiving all rights to Tim’s estate. Beth was not represented by counsel when she executed the prenuptial agreement.
In 2003, Sarah was born to Tim and Beth.
In 2004, Tim died. His estate consists of his share of a $400,000 house owned with Beth as community property, plus $90,000 worth of separate property.
Tim’s 2001 will has been admitted to probate. Beth, Sarah, Fred and Anna have each claimed shares of Tim’s estate.
How should the estate be distributed? Discuss.
Answer according to California law.
[Real Property]
Mike had a 30-year master lease on a downtown office building and had sublet to others the individual office suites for five-year terms. At the conclusion of the 30-year term, Olive, the building’s owner, did not renew Mike’s master lease.
When Olive resumed control of the building, she learned that Mike had failed to comply with the terms in the 30-year lease that required him to renew an easement for weekday parking on a lot between the building and a theatre. The theatre, which, in the past, had always renewed the easement, used the lot for its own customers on evenings and weekends.
Olive also learned that a week before the end of the 30-year lease Mike had renewed for another five years the sublease of one tenant, Toby, at a rate much below market. Toby ran an art gallery, which Mike thought was “classy.” Upon signing the renewal, Toby purchased and installed expensive custom lighting and wall treatments to enhance the showing of the art in his gallery.
Because of Mike’s failure to renew the parking easement, the theatre granted it to another landowner. As a result, Olive had to request a variance from the town ordinance requiring off-street parking. The Board of Zoning Appeals (BZA) denied the request because a nearby parking-lot operator objected. The off-street parking requirement, combined with the loss of the parking easement, meant that several offices in Olive’s building would have to
be left vacant. The BZA had recently granted a parking variance for a nearby building under very similar circumstances.
Olive commences the following actions:
1. A suit against Mike to recover damages for waste resulting from Mike’s failing to renew the parking easement.
2. An action for ejectment against Toby and to require him to leave the lighting and wall treatments when he vacates the premises.
3. An appeal of BZA’s denial of Olive’s variance request.
What is the likelihood that Olive will prevail in each action? Discuss.
[Civil Procedure]
Pat, a resident of State A, received a letter from Busco, a tour bus company that had been in business for about two months. Busco was incorporated and had its principal place of business in State B. The letter invited Pat to go on a tour of State C at a special introductory price. After Pat sent in her money, Busco sent Pat a tour brochure and ticket.
Ed, also a resident of State A, saw an ad that Busco had placed once a week for the last several weeks in Ed’s hometown newspaper for the same State C tour. The ad listed a State A telephone number to call for tickets. Ed called the telephone number and ordered and bought a ticket for the same tour as Pat and for the same price.
Pat and Ed boarded the tour bus in State B. Upon entering State C, the bus veered off the road and hit a tree. Ed was not hurt, but Pat suffered serious injuries. The tour was canceled. Busco refused to reimburse passengers the price of their tickets.
Ed sued Busco for breach of contract in state court in State A to recover the price of his ticket. Busco moved to dismiss the suit based on lack of personal jurisdiction. The court denied the motion. After trial, judgment was entered in favor of Ed.
Thereafter, Pat sued Busco in state court in State A for breach of contract to recover the price of her ticket and for tort damages for her personal injuries. After Busco filed its answer, Pat filed a motion for summary judgment on both claims on grounds of res judicator and collateral estoppel. The court denied Pat’s motion.
State A has a long-arm statute that authorizes the exercise of personal jurisdiction over nonresident defendants on any basis not inconsistent with the Constitution of the United States.
1. Did the court rule correctly on Busco’s motion to dismiss Ed’s suit for lack of personal jurisdiction? Discuss.
2. Did the court rule correctly on Pat’s motion for summary judgment on each of her claims on grounds of res judicata and collateral estoppel? Discuss.
[Remedies]
Mike had a 30-year master lease on a downtown office building and had sublet to others the individual office suites for five-year terms. At the conclusion of the 30-year term, Olive, the building’s owner, did not renew Mike’s master lease.
When Olive resumed control of the building, she learned that Mike had failed to comply with the terms in the 30-year lease that required him to renew an easement for weekday parking on a lot between the building and a theatre. The theatre, which, in the past, had always renewed the easement, used the lot for its own customers on evenings and weekends.
Olive also learned that a week before the end of the 30-year lease Mike had renewed for another five years the sublease of one tenant, Toby, at a rate much below market. Toby ran an art gallery, which Mike thought was “classy.” Upon signing the renewal, Toby purchased and installed expensive custom lighting and wall treatments to enhance the showing of the art in his gallery.
Because of Mike’s failure to renew the parking easement, the theatre granted it to another landowner. As a result, Olive had to request a variance from the town ordinance requiring off-street parking. The Board of Zoning Appeals (BZA) denied the request because a nearby parking-lot operator objected. The off-street parking requirement, combined with the loss of the parking easement, meant that several offices in Olive’s building would have to
be left vacant. The BZA had recently granted a parking variance for a nearby building under very similar circumstances.
Olive commences the following actions:
1. A suit against Mike to recover damages for waste resulting from Mike’s failing to renew the parking easement.
2. An action for ejectment against Toby and to require him to leave the lighting and wall treatments when he vacates the premises.
3. An appeal of BZA’s denial of Olive’s variance request.
What is the likelihood that Olive will prevail in each action? Discuss.
[Criminal Law] [Criminal Procedure]
Deft saw Oscar, a uniformed police officer, attempting to arrest Friend, who was resisting arrest. Believing that Oscar was arresting Friend unlawfully, Deft struck Oscar in an effort to aid Friend. Both Friend and Deft fled.
The next day, as a result of Oscar’s precise description of Deft, Paula, another police officer, found Deft on the street, arrested him for assault and battery and searched him, finding cocaine in his pocket. After Paula gave proper Miranda warnings, Deft said he wanted to talk to a lawyer before answering any questions. Paula did not interrogate him.
However, before an attorney could be appointed to represent Deft, Paula placed him in a lineup. Oscar identified Deft as his assailant. Deft was then charged with assault and battery of a police officer and possession of cocaine. Thereafter, he was arraigned.
The next day Paula gave Deft, who was without counsel, proper Miranda warnings, obtained a waiver, and interrogated him. He admitted striking Oscar.
How should the judge rule on the following motions made by Deft at trial:
1. To suppress the cocaine? Discuss.
2. To suppress Oscar’s identification during the lineup? Discuss.
3. To suppress Deft’s admission that he struck Oscar? Discuss.
4. For an instruction to the jury that Deft’s assault was justified on the basis of defense of another? Discuss.
[Torts]
After paying for his gasoline at Delta Gas, Paul decided to buy two 75-cent candy bars.The Delta Gas store clerk, Clerk, was talking on the telephone, so Paul tossed $1.50 onthe counter, pocketed the candy, and headed out. Clerk saw Paul pocket the candy, buthad not seen Paul toss down the money. Clerk yelled, “Come back here, thief!” Paul said,“I paid. Look on the counter.” Clerk replied, “I’ve got your license number, and I’m goingto call the cops.” Paul stopped. He did not want trouble with the police. Clerk told Paulto follow him into the back room to wait for Mark, the store manager, and Paul complied.Clerk closed, but did not lock, the only door to the windowless back room.
Clerk paged Mark, who arrived approximately 25 minutes later and found Paul unconsciousin the back room as a result of carbon monoxide poisoning. Mark had been running theengine of his personal truck in the garage adjacent to the back room. When he left to runan errand, he closed the garage, forgot to shut off the engine, and highly toxic carbonmonoxide from the exhaust of the running truck had leaked into the seldom used backroom. Mark attributed his forgetfulness to his medication, which is known to impair short-term memory.
Paul survived but continues to suffer headaches as a result of the carbon monoxidepoisoning. He recalls that, while in the back room, he heard a running engine and felt illbefore passing out.
A state statute provides: “No person driving or in charge of a motor vehicle shall permit itto stand unattended without first stopping the engine, locking the ignition, removing the keyfrom the ignition, setting the brake thereon and, when standing upon any perceptible grade,turning the front wheels to the curb or side of the highway.”
1. Can Paul maintain tort claims against (a) Clerk for false imprisonment and (b) Mark for negligence? Discuss.
2. Is Delta Gas liable for the acts of (a) Clerk and (b) Mark? Discuss.
[Constitutional Law]
In an effort to “clean up Columbia County,” the County Board of Supervisors recently passed an ordinance, providing as follows:“
(1) A Review Panel is hereby established to review all sexually graphic material prior to sale by any person or entity in Columbia County.
(2) Subject to subsection (3), no person or entity in Columbia County may sellany sexually graphic material.
(3) A person or entity in Columbia County may sell an item of sexually graphicmaterial if (a) the person or entity first submits the item to the Review Panel and (b) the Review Panel, in the exercise of its sole discretion, determines that theitem is not pornographic.
(4) Any person or entity in Columbia County that fails to comply with subsection(2) or (3) is guilty of a misdemeanor, and is punishable by incarceration in jail for one year or by imposition of a $5,000 fine, or by both.”Videorama, Inc., a local video store, has brought an action claiming that the ordinance violates the First Amendment to the United States Constitution.
What arguments may Videorama, Inc. reasonably make in support of its claim, and is itlikely to succeed? Discuss.
[Contracts]
On Monday, Resi-Clean (RC) advertised its house cleaning services by hanging paperhandbills on doorknobs in residential areas. The handbills listed the services available,gave RC’s address and phone number, and contained a coupon that stated, “This couponis worth $20 off the price if you call within 24 hours and order a top-to-bottom house-cleaning for $500.”
Maria, a homeowner, responding to the handbill, phoned RC on the same day, spoke toa manager, and said she wanted a top-to-bottom house cleaning as described in thehandbill. Maria said, “I assume that means $480 because of your $20-off coupon, right?”The RC manager said, “That’s right. We can be at your house on Friday.” Maria said,“Great! Just give me a call before your crew comes so I can be sure to have someone let you in.”
Within minutes after the phone conversation ended, the RC manager deposited in the maila “Confirmation of Order” form to Maria. The form stated, “We hereby confirm your top-to-bottom house cleaning for $500. Our crew will arrive at your house before noon on Friday.You agree to give at least 48 hours advance notice of any cancellation. If you fail to give48 hours notice, you agree to pay the full contract price of $500.”
About an hour later, Maria sent RC an e-mail, which RC received, stating, “I just want toexplain that it’s important that your cleaning crew do a good job because my house is upfor sale and I want it to look exceptionally good.”
On Thursday evening before RC’s cleaning crew was to show up, Maria accepted an offerfor the sale of her house. The next morning, Friday, at 10:00 a.m., Maria sent RC anothere-mail stating, “No need to send your crew. I sold my house last night, and I no longerneed your services.” By that time, however, RC’s crew was en route to Maria’s house.
At 10:30 a.m. on Friday, Maria received RC’s Confirmation of Order form in the mail. At11:00 a.m., RC’s crew arrived, prepared to clean Maria’s house. Maria explained that sheno longer needed to have the house cleaned and sent the crew away.
RC’s loss of profit was $100, but RC billed Maria for $500.
Maria refused to pay.
Has Maria breached a contract with RC, and, if so, how much, if anything, does Maria owe RC? Discuss.
[Business Associations]
Beth, Charles, and David are the directors of Web, Inc. (Web), a corporation that is in thebusiness of creating websites.
Adco, Inc. (Adco), a corporation that markets computer advertising, had an urgent need fora complex website that would cost thousands of dollars to create. Adco approached Webabout creating the website. Adco explained that it did not have the cash to pay for the work but claimed that it was a well-established corporation and asked Web to extend credit forthe work.
Beth, Charles, and David unanimously agreed to take on the work, conditioned upon a priorreview of Adco’s financial statements and a determination of Adco’s creditworthiness. After learning this, Adco contacted David and told him that the sooner Web could start on the website, the sooner Adco would be able to pay Web.
David was anxious to obtain Adco’s business. He falsely told Beth and Charles that he hadobtained and reviewed Adco’s financial statements and that, based on his review, ”we should proceed with the work.” Beth and Charles, without further inquiry, agreed, and Webcreated the costly website. Adco is unable to pay Web.
Beth, Charles, and David have now learned that Adco’s shareholders have regularly taken its funds for their personal use.
In an unrelated transaction, Charles received a call from his friend Sam who wanted Webto create a new game website.
Charles told Sam that the new game website was such asmall job that he could do it at home for less money than Web.Charles told Sam to send the payment for the game website to Charles at his home. Samwas pleased with the work and sent the check to Charles as requested. Shortly afterwards,Beth and David learned of this transaction.
1. What duties to Web, if any, have been breached by Beth, Charles, and David regardingthe money lost on the Adco job? Discuss.
2. What rights, if any, does Web have against Adco’s shareholders for Adco’s failure to payfor the website? Discuss.
3. What rights, if any, does Web have against Charles regarding the contract with Sam?Discuss.
[Professional Responsibility]
Lawyer represents Client, who sustained serious injuries when she was hit by a truck drivenby Driver. Lawyer and Client entered into a valid, written contingency fee agreement,whereby Lawyer would receive one-third of any recovery to Client related to the truckaccident. Because Client was indigent, however, Lawyer orally agreed to advance Client’slitigation expenses and to lend her $1,000 monthly in living expenses that he would recoupfrom any eventual settlement. Lawyer did not tell Client that he had written a letter toPhysician, Client’s doctor, assuring Physician full payment of her medical expenses from the accident out of the recovery in the case.
Unfortunately, Driver had strong legal defenses to defeat the claim, and the case would notsettle for the amount Lawyer initially forecast. Counsel for Driver finally offered $15,000to settle the case without conceding liability. By this time, Lawyer had advanced $5,000in litigation and living expenses, and Client had incurred $5,000 in medical expenses.
Client was reluctant to accept the offer. Realizing, however, that this case could drag onindefinitely with little chance of substantial recovery, Lawyer took Client out for anexpensive dinner, at which they shared two bottles of wine. Afterward Lawyer took Clientto Lawyer’s apartment where they engaged in consensual sexual relations.
Later that evening Lawyer persuaded Client to accept the settlement offer by agreeing togive her the net proceeds after his contingency fee and the amounts he had advancedwere deducted and not to pay Physician anything.
The next week, Lawyer distributed the net proceeds to Client as agreed.What ethical violations, if any, has Lawyer committed?
Answer according to California and ABA authorities to the extent there is any difference among them.
[Wills] [Trusts]
In 2003, Tom, a patient at Happy Home, a charitable convalescent hospital that specializesin caring for the disabled elderly, asked Lilly, his personal attendant, to help him executehis typewritten will. Tom suffered from severe tremors and had difficulty signing his name.In the presence of one other attendant, Tom directed Lilly to sign his name and to date “mywill.” She did so and dated the document. At Tom’s request, Lilly and the other attendant,in the presence of each other, then signed their names as witnesses.
The 2003 document stated “I give $100,000 to my niece, Nan. And, because Happy Homedoes such important work for the aged who are disabled, I give the residue of my estatein trust to Happy Home for the continued care of the disabled elderly. Lilly to act asTrustee.”
In 2004, Tom, believing he needed to do more for the disabled elderly, asked Lilly to typea new will and told her he would take care of executing it. She typed the will, including init the terms Tom dictated. He then asked Lilly to send two attendants into his room to actas witnesses. After the first of the attendants arrived and was present, Tom explained thepurpose of the document and then signed his name at the end of the document. The firstattendant then signed her name as a witness and left the room. Immediately thereafter thesecond attendant came into Tom’s room and quickly signed the document as a witness.Lilly was not present when Tom or the attendants signed their names. The 2004 documentstated “I revoke all prior wills and I give my entire estate to Happy Home in trust for thecontinued care of the disabled elderly. Lilly to act as Trustee.”
In 2005, Tom died, leaving an estate worth one million dollars.
At the time of Tom’s death there were only two convalescent hospitals in the county whereTom lived, Happy Home and Sunnyside. A few days after Tom’s death, Happy Home wentout of business. Sunnyside, also a charitable convalescent hospital, provides care fordisabled persons of all ages.
Sunnyside has petitioned the court to substitute Sunnyside as the beneficiary of Tom’s estate.
1. What rights, if any, does Nan have in Tom’s estate? Discuss. Answer according to California law.
2. How should the court rule on Sunnyside’s request to substitute Sunnyside for HappyHome as the beneficiary of Tom’s will? Discuss