WHAT ARE THE ELEMENTS OF A VALID CONTRACT?

CREATE A CONTRACT
Instructions:
I will give you a fact scenario below that involves some college students who are having difficulty living together as roommates.
Your task will be to create a contract to solve the problems and issues that the fact pattern raises. Hint I had (sixteen) 16 issues when I did the assignment.
After you create the contract, you will then include around a two page written description about WHY you chose to design the provisions of the contract the way you did.
Your grade will be based on:

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Whether your contract identifies and solves the problems
Whether your contract is realistic
(ie a clause that says no roommate shall ever enter the room of another roommate is not practical because what if you hear them yelling for help, or if you haven’t seen them in 14 days.) I want you to think about “loopholes” and the “what if” types of things that can go wrong.
Language… Really in this assignment PLEASE pay attention to the words you type because one missing word can make the contract really silly… In last year’s contracts I had someone write… A roommate can eat any food in the apartment that has their name on it… (Great give me a pen and I’ll just put my name on everything).
Your explanation, did you have sound reasoning for putting in something in the contract.
Following the LAW:… This assignment requires you to have a general understanding of what a contract is and how it works… That is, after all, what we have been studying.
Do not include items in your contract that are illegal or are not a contract… For example do not say if the roommate leaves the toilet seat up, they will place their hands on the toilet and have their fingers slammed 10 times by the toilet seat. (That’s not enforceable)
Do NOT include something like… If roommate “brion” doesn’t like the punishment he can change it to what he wants, or if I don’t want to follow this rule I don’t have to”… (It is not a contract if one person can CHOOSE to not follow something, It also not a contract when you leave punishments, requirements ect for the “future to be determined”
Creativity/problem solving/format of contract
You must follow the general format of a contract I have included after the fact scenario… Trust me I am including the sections that ALL your contracts must have for your benefit. It will make organizing it a lot easier for you.
You must CHOOSE to write your contract from the viewpoint of one of the four people below or as a disinterested outside party… This is critical because if you are writing the contract from the perspective of one of the people it should FAVOR that person (in a reasonable way), if you are writing as a disinterested third party (an attorney) you should try and be as fair to all as possible.
In your explanation tell me from what viewpoint…actually make that your first sentence.
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CONTRACT FORMAT
The contract must conform to the specifications below.
Introduction:
Here one sentence that names the parties to the contract and the date of the contract and how long the contract will last.
Section One:
Will be titled Definition Section: This section is very important it will define key terms through-out your contract. Ie if someone in a contract says it is Eric’s job to “clean the kitchen” there better be a definition for what clean is or what clean the kitchen means because one person’s clean is another person’s pig sty.
Other definitions (Guest, Party are often over-looked) … Depends on how you write it… if there is something that can be misinterpreted you probably ought to tell people what you mean by that word in this section.
Section Two:
Describes the duties (jobs) that roomates have to accomplish. Unless there is a specific rotation (cleaning duties) it is prob best to write them as general duties for all roommates, so you don’t have to rewrite the same language over and over.
Section Three: The “RIGHTS” of the roommates… Here you can group everyone together if they have the same rights or break it down by person. Make sure the rights address the problems and make sure the duties also address the problems… An example of a right would be… All roommates have the right of sole possession of their room and no other roommate can enter another person’s room except in specific emergency circumstances… (and here “emergency circumstances” might be something that would be defined… yes, I gave you that one as a good example of what I hope to see. )
Section Four: Title this section “Breach of Contract”: In this section you will describe what happens to the people if they do NOT perform their “duties or jobs” or if they violate someone’s “Rights”. Be Creative here, try and fit the punishment to the crime I guess. You can either have general punishments for all or specific for each person.
Explanation:
On a new page explain why you drafted the contract they way you did. I guess I am looking for why you made the decisions and punishments that you did… I.e. I choose to make Eric’s punishment for not cleaning “some punishment” because… and tell me anything else creative that you did to solve the problems presented.
As a side note, this story is purely fictional and resemblance to real life situations or people is purely coincidental. However, these issues often do arise in a college roommate atmosphere if you are lucky/unlucky enough to have roommates.
The Story
O
n May 15th 2011, Kathy, Mark, Eric and Jennifer have decided to rent a 4 (four) bedroom apartment on School Street about a block from Philadelphia Street. The lease agreement is to begin on August 1st 2011. They all sign the lease and in this assignment you do not need to bring up anything regarding the lease.
The house has two stories. The bottom level has a kitchen, bathroom, living room and two bedrooms. Each room is about 11 feet by 14 feet. The upstairs has two bedrooms, a bathroom and a small extra room. Each room is 11 by 14 feet except the extra room which is 8 feet by 9 feet.
I am about to describe the first five months of them living together and the problems they encountered, but before that, I am going to give you a little background on each of them.
Kathy
20 years old, In the Fall of 2011 she will be a Sophomore at IUP majoring in accounting. In her freshman year she was roommates with Jennifer on campus in the freshman dorm. In the Fall of 2011 she is taking 15 credits and will also be working 15 hours at Perkins as a Waitress. She also is an IUP soccer player, and a business honors student. She currently has a 3.6 GPA.
She is very organized, very clean, doesn’t deal well with conflict, and wishes to graduate in 4 years and go on with her life. Her studies are important to her and she needs to maintain above a 3.2 average for her full tuition scholarship. She enjoys a social life but doesn’t really find any purpose in going out to get drunk. She hangs out with the female soccer players and has had a long distance relationship with a high school boyfriend from Altoona. She is in one of the upstairs bedrooms.
Jennifer
21 years old, In the Fall of 2011 she will be a Sophomore at IUP majoring in English. She was Kathy’s roommate freshmen year and they got along fairly well. Well… from Jennifer’s perspective they got along fairly well because Kathy was rarely around and Jennifer had the place to herself 80% of the time. Jennifer is taking 12 credits in the fall of 2011 and has a 1.8 GPA from her freshman year. She got swept up in the whole college life scene and partied too much. She has made a vow to herself to do better this year and work hard. She works on the weekends at a local bar, “Wolfs” as a bartender and makes good tips. She has tons of friends and is into the whole bar scene, dating scene, and has been known to consume pot and prescription pills. She is more laid back when it comes to cleaning than Kathy but still is fairly clean. She always cleans her dishes but also might leave clothes or makeup bottles in the bathroom. She is in the upstairs bedroom.

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Mark
21 years old, In the fall of 2011 he will be a sophomore majoring in Biology. He is a soccer player on the IUP men’s team. He currently has a 2.8 average. He knows Kathy from Soccer and he was roommates with Eric his Freshman Year. He doesn’t know Jennifer. Mark doesn’t work, but he is in a Band called the Raging Hormones and he plays electric guitar. The Band sometimes plays at “Wolfs” where Jennifer is a bar tender.
ERIC
24 years old, In the fall of 2011 he will be a sophomore majoring in Anthropology. He is a little older because he took classes part time for a year or two at a community college but failed out. His current GPA is 1.5. He was originally denied entry into IUP but oddly the university then admitted him. Eric is taking 15 credits most of which are “freshmen” classes and general requirements. Eric loves World of War Craft and spends many hours “leveling” his character. He has one of the best computers and monitors on the market but has no other possessions and his very poor. He sleeps on a futon and buys clothes at the Salvation Army. Essentially when he is not at class he is at home on his computer or watching TV. His style of cleanliness is summarized by his often repeated statement that, “unless bugs and maggots are crawling on it, it is clean.” On the bright side though, Eric never gets mad… at anything and has a wonderful sense of humor.
WHAT HAPPENED:
Like in the film Pulp Fiction, I am going to start at the ending. It is now February 2012 and the “SH**” has hit the fan, people are crying, yelling, staying over with friends ect….
It was decided that a general meeting would be called for the four house mates and that a contract for roommates would be drafted and all would sign the contract. This contract would seek to address the issues of the house and the problems they have had.
Below is a Summary list of problems people have encountered over the course of the six months they have lived together… Note I put the problems under the names of the people that think they are problems….
KATHY:
(has had issues with the following people) This section tells you the problems that KATHY has encountered with the other three people.
Problems with Jennifer:
Jennifer leaves her dirty clothes in the bathroom, her makeup is all over. In October Kathy came home at 1:00 am and found Jennifer passed out in Kathy’s bed with Mark… Jennifer has been having a casual “intimate” relationship with Mark for the last six weeks but this annoys Kathy because she has wanted to go out with Mark and they even started dating in September until Jennifer slept with him.
Kathy also has a problem with Jennifer because she has seen “Roxicodone” pills in the bathroom and she knows Jennifer doesn’t have a prescription. She thinks Jennifer will ruin the good guy that Mark is with her drug use.
PROBLEMS WITH ERIC:
Eric has set up his personal gaming center in the unused room on the second floor and is up there all the time. He even uses the upstairs bathroom. This makes Jennifer uncomfortable because he is a guy and it, in her words, “just isn’t right”. Also she can hear the sounds of the game at 2am in the morning sometimes when she is trying to sleep or study.
Eric never pays his share of the electric bill. The electric bill is in Jennifer’s name and she is the one who has to pay it. When Jennifer tells Eric what he owes he says I’ll get right to it, but never pays her back.
Problems with Mark:
He slept with that floozie Jennifer… Can he be that shallow I mean so she’s blonde big deal. I’ll tell you something else they AREN’T real… Personally I don’t care if Mark jumps off a bridge I refuse to talk to him anymore. I should’ve known a band called the raging hormones… What an idiot am I… Wait till he discovers who scratched his precious little guitar… and I have been sabotaging his soccer cleats by grinding down one side of the cleats… He won’t be a starter on the team for long.
JENNIFER: (has had issues with the following people) This section tells you the problems that JENNIFER has encountered with the other three people
Problems with KATHY:
She is always in my business… She flushed $100 worth of “medicine” and pills down the toilet. She put a lock on the bathroom door and wouldn’t unlock it unless she was awake and at home. That just isn’t right. She also goes in my room when I am not there to borrow clothes for her dates… In September she had this date with this super great guy and wore my best dress and ruined it by spilling chocolate and then bleach all over it… I found out that, that date was with Mark. Guess I had the last laugh there.
Kathy also thinks she can tell me to turn down my radio and tv at 7pm on a Thursday… Look Honey, we are in college the weekend begins on Thursday and get real who studies at 7pm anyway… IUP has a library you know.
Kathy wants to complain about my “party” lifestyle but she always gets in for free where I work and I always get her and her friends free drinks… she has even come to expect this kind of thing now…
Problems with Eric:
I, Jennifer have the cable bill in my name and Eric is ordering pay per view movies and such… He usually does pay but it is always 30-60 days late… and him being up on “our” floor all the time is a little weird.
Eric is a pig and never does he share of the chores. In fact chores in this stupid house never get done at all. He cooks a meal and then it sits there… It is horrible because no one has a schedule or knows what items need to be cleaned and when. He is also Home ALL THE TIME…. I mean get a life go out and got some sun would ya. I just wish someone could detail a cleaning schedule and assign responsibility for jobs on a weekly basis. Garbage, Dishes, vacuuming, Bathroom, Toilet, responsibility for food in the refrigerator.
Problems with Mark:
Well, he has this little… I mean he has this little problem where he practices his music on Saturday mornings at 9am… Um… Please some of us actually are getting to bed at 9am…
MARK:
(has had issues with the following people) This section tells you the problems that MARK has encountered with the other three people.
Problems with Jennifer:
She makes a ton of cash at her job and she always buys the most expensive food and then asks us to split the bill. Why buy premium brands when Generic will do? Also there was this one time where I was exhausted from a soccer game and I come back on a Friday and just want to crash and sleep for like 12 hour, and then I find that Jennifer has planned a party at our house for that night. I tried to shut them out but my room is on the first floor and they are playing music, yelling and drinking… I told Jennifer that I just can handle the party and everyone needs to go home… She said just let me fix you a drink first and you will feel better… The next thing I know I am passed out. There needs to be some rules for what happens when someone throws or wants to throw a party.
Problems with Kathy,
Kathy had this long distance relationship in August and September… Well, I say long distance but the guy would come over every Friday and Stay till Tuesday… It was ridiculous… He never paid rent, he would eat the food, he made messes and didn’t clean them up, I think he even tried playing my guitar and scratched it… Finally, I had to take the guy aside and tell him if he ever came back here I would have to beat him to a pulp… He never came back and I think Kathy and this dude from Altoona broke up after that. I felt a little guilty so I went out with Kathy once or twice to make her feel better.
Problems with Eric,
Eric is here all the time and he keeps the place at 78 degrees during the winter and 63 degrees in the summer… All that air conditioning and Heating… it is more expensive for everyone else and its not fair.
ERIC:

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(has had issues with the following people) This section tells you the problems that ERIC has encountered with the other three people
Problems with KATHY:
She constantly yells at me for being up on “her” floor but the only stupid reason I put my computer up there was so others could use it. Kathy never complains when she is using the computer to do her accounting spreadsheets or downloading music, video ect.
She also complains that I don’t pay my share of the electric bill… Well she doesn’t pay anything for the road runner broad band access she uses to download all her movies and music… Really she downloaded a whole film, “She’s just not that into you”, like I really want to watch that. So what if I am on the computer a lot.. It is MY computer…
Problems with Jennifer:
She had a party at our house and I wasn’t invited… I find out about it from a friend and they used my computer to do some video projection. That’s just rude to not invite your own housemates to a party… They also drank all of my beer from the fridge.
Jennifer also comes in after work and makes a lot of noise… She usually comes in around 3am and its bang on this bang on that, slam the kitchen doors… I mean my room is on the first floor.
Problems with Mark:
His parents came to visit and they stayed with… “US”! I mean Indiana has about 3 or 4 hotels why should your parents stay here… He took Home coming weekend a bit too seriously… That should have been our weekend and instead everyone in the house had to leave because the old folks were camped out in the living room for the entire weekend.
Mark also wants to label and control everything… If you open the fridge he has his name on everything he buys… even the Ketchup… so now we have two ketchups one for him and one for the rest of the house… Pretty soon everyone will have their own dishes… I think we could get buy with just 4 plates, 4 glasses, I would drink after anyone… Well, maybe not Jennifer… Mark told me some stories,,,
1. Jennifer is talking to Brion and verbally agrees to sell him her house and land for $125,000. Brion Agrees because he thinks the house is worth $200,000. The following week Brion gets a written contract from Jennifer but the sale price in the written contract is now $250,000. Brion wishes to enforce the original agreed upon price of $125,000. To be legally correct, you should tell Brion
That the $125,000 price that was agreed to previously is not enforceable under the Statute of Frauds
That Brion can enforce the $125,000 price by taking Jennifer to court
That Brion must first pay the $250,000 but can sue Jennifer for the difference in price (125,000).
That Brion can require specific performance, the sale of the house, because it is a unique item
2. To be an enforceable contract four basic requirements must be met, those are:
Assent, Benefit, Control, Capacity
Writing, Waiver, Signing, Savior
Delivery, Determination, Accord , Satisfaction
Offer, Acceptance, Consideration, No Defenses
3. In the Indiana Gazette a Reward is written that says… Lost dog named “Peek-a-chew”, miniature poodle, wearing dog tag with owner name and phone number 555-5555, reward $100. With no prior knowledge of the Ad, “Fred” almost hits a dog on his way home… He pulls over and finds the dog Peek-a-Chew as described. He calls the number and returns the dog to the house. The owner says thank you, but does not offer the reward. Feeling as though he did a good deed, Fred returns home and reads his newspaper, and for the first time, sees the reward Ad. What can Fred legally do now about the situation?
Run over the Dog
Run over the Owner
Sue the owner for the reward
nothing
4. Brion is dating a girl named “Julia”. Julia really doesn’t like Brion and is using him for free meals and presents. She cheats on him all the time and really doesn’t even think they are “going out”. Over the course of six 6 weeks since they have met, Brion has paid $500 for meals, $300 in concert tickets, $250 for a crystal music box that plays Phantom of the Opera, $800 for airline tickets in her name, and a whopping $1000 to buy her a new plasma TV. Why… Just because he wanted to make her happy… Sometimes she would “hint”… Gee I would really like to see that concert… Or I wish I had a TV. One week after the plasma TV, she tells Brion she is getting married to her fiancée who she was dating/sleeping with during this entire time. Brion always wondered why she was out of town every other week… and the presence of male deodorant and cologne in her bathroom… and the bizarre phone calls and the time some other guy sent flowers… Ok, anyway…In terms of this situation Brion can legally recover from Julia:
$250 Music Box, $1000 TV
$250 Music Box, $1000 TV, $800 Airline tickets
The value of everything he spent
Nothing
A little self respect are you kidding me…Go to the post office get a change of address form and put her address in the moving from box and an address in Botswana in the moving To Address…
5. A voidable contract is voidable by:
either party
only the party who is suffering from the disability (excuse)
Only the party who is not suffering from the disability (excuse)
6. Brion gets a credit card offer in the mail. Like most such offers, he doesn’t open it up and simply puts it in the trash. Three months later when he gets a $25.00 bill from the credit card company that says he must pay an annual fee as part of his acceptance of the credit card. Brion calls the company to question them and a representative says, “didn’t you read the offer we sent you…” He says, no I always throw away offers from your company. Well the lady says, “big mistake”. Our offer says “the afore-mentioned addressee who this letter was sent to automatically affirms and accepts all terms and conditions contained in this offer, unless they notify the company within 48 hours of receipt that they do not wish to be a part of this offer.” In terms of this situation
Brion must pay the $25.00
Brion doesn’t have to pay the $25.00
7. Brion is studying for the bar exam and there is a special one week bar preparation course that is 100% lecture and costs $1000 dollars. Brion does not have $1000, so he sneaks in the back of the room and merely listens to the lectures. On the 5th day, the lecturer calls on him to answer a question and Brion says, “Oh, I’m just listening”. Afterwards, the lecturer checks the registered attendees and not seeing Brion’s name sends him a bill for $1000 which is the cost of attending the review course. In terms of this situation:
Brion will not have to pay because he never accepted the contract to attend the preparation course
Brion will not have to pay because of the statute of frauds
Brion will have to pay because attending was acceptance and performance
Brion will have to pay because of the parole evidence rule
8. Brion and Dan are talking about their cars when Brion mentions he is thinking about selling his car, a 1996 Ford Explorer for $2500. Dan seems interested and says well I’ll think it over. That night Brion decides to sell his car to his best friend for only $2000 and the deal is executed. The next day Dan calls Brion and says, I accept your offer. With respect to this situation which is the best answer?
Brion’s statement was an illusory offer thus there was no offer to which Dan could accept.
Brion’s selling of the Explorer to his best friend acted as a revocation of the alleged offer.
all of the above
none of the above
9. After watching “Fear Factor” Alana challenges her friend Andrea to eat 20 live crawling roaches in return for $100 dollars. Andrea picks up the first roach by the silvery black of its crawling shell and brings the roach tentatively towards her lips. As the antennae tickle her throat and the legs dance on her tongue she bites down and hears the gritty crunch of Roach death followed by a bitter acid like taste that resonates through her mouth and body. Andrea chokes down a swallow and hears Alana through bursts of laughter say, I just made you eat a roach, I revoke my offer. With respect to this situation.
Alana can revoke because of a lack of adequate consideration
Alana can revoke the offer because Andrea did not substantially perform
Alana cannot revoke the offer because the contract was executed
Alana cannot revoke the offer because Andrea has started performance and must be given a reasonable time to perform
10. Eddie’s store publishes exactly the following advertisement in the Silver City Morning News on Monday March 12, 1996
Sale March 17th, Brand New Gold plated bowling balls, selling for $80.00 each
7 Mexican ruby necklaces worth $12,500 now selling for $10,000. First come, First serve, limited quantities.
On March 17th, Bob was the first customer in line the minute the store opened and he was the first to arrive at the store and demanded a Mexican ruby necklace. The store clerk told him that it was store policy to offer the merchandise to employees first and one of the employees had already purchased all the Mexican ruby necklaces on March 16th.
If Bob brings suit against Eddie’s store for their refusal to sell him the necklace, Bob will
lose since the advertisement was not an offer
lose since Bob did not notify the store in writing that he intended to accept the offer
win, because the advertisement should be construed as a binding offer
win, because of the Statute of Frauds

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11. Brion owns The Tennis Racket of Andre Agassi that he used when he first won Wimbledon. Brion is desperate for money and sells the racket on e-Bay to Monica for $1000. When it comes time to Deliver the racket, Brion sends a more advanced and better racket to Monica but one that was never owned by Andre Agassi. In terms of this situation:
Monica has no damages because the replacement good was actually better than the contracted goods
Monica must send the racket back to Brion, and go out and buy a replacement racket so that she mitigates her damages and she can collect from Brion the difference between what she spent on the racket and the contract price.
Monica can get a court order requiring specific performance and delivery of the Andre Agassi Racket.
Monica gets nothings because Brion substantially preformed the contract.
12. Tim who has just been injured in a car accident signs up with a law firm run by a famous and well known local attorney William Mattar… “Hurt in a car, call William Mattar”. Tim is pleased because William Mattar assured him that his years of trial practice and his personal representation and expertise will help win the case. William Mattar takes payment from Tim but delegates his duty of performance of representation to another lawyer Brion. In terms of this situation:
Tim can force performance by William Mattar because duties cannot be delegated under these circumstances
Mattar has properly delegated his duties under the contract
Does it really matter, A lawyer… is a Lawyer…. is A Lawyer…. is a rat,
Brion is an intended third party beneficiary of the contract and can enforce his rights under the contract thus preventing Tim from mandating that Mattar represent him.
13. Brion has a valid written contract to buy 100 soccer balls from Sam for $1000. Payment is to be made upon receipt of the soccer balls. Delivery of the balls is supposed to take place one week from the day they signed the contract. However, the next day, Sam says he is not going to send the soccer balls. Upon Notification, Brion immediately goes out and purchases replacement soccer balls at a total cost of $1200. Brion wishes to sue Sam for breach of contract. What is the court most likely to hold as Brion’s remedy.
$1000
$1200
$200
Specific Performance
Liquidated Damages of $800
14. When an accountant sells their “uncollectible” accounts receivable (i.e. customers that owe the company money who might not pay), to a debt collection company for 10% of the value of the receivables. They are in essence…
Assigning their rights to collect the debt
Delegating their duties to collect the debt
Making the customer a third party beneficiary to the contract
Doing something illegal

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15. The clause represented below is probably best described as:
No Party shall be liable for any failure to perform its obligations where such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption or failure of electricity or [telephone service], and no other Party will have a right to terminate this Agreement under Clause 19 (Termination) in such circumstances
Assignment of Third Party Rights
Declaration of Delegation of Duties
Force majeure clause
A Corli Raff Contract Amendment
16. “Deon” has a contractor build a house and he requests that the house have double pane windows. The contractor builds his house and installs single pane windows. With respect to this situation
The contractor has committed a material breach and Deon can rescind the contract and get all his money back
Deon can destroy the house and charge the contractor for its destruction
The contractor has substantially performed and Deon must mitigate his damages by fixing the problem and charging the Contractor for the extra cost.
None of the above
17. In class we watched the Donald Trump video where he asks Obama to provide him with his original passport application and college applications in return Trump will donate five million dollars to Obama’s favorite charity. In terms of what we watched it can best be said that
Trump’s offer would not be considered an offer because no objective reasonable person could consider it an offer.
Trump made a valid bilateral offer and Obama could accept simply by responding to Trump yes I will provide those documents
Trump made a valid unilateral offer which Obama could accept only by producing the requested documents.
Trump did not make an offer because it was not supported by valid consideration
18. Ford has a contract with the US Government to build 500 HumVee Vehicles. In the contract the specifications call for the use of Dunlop brand tires. Ford and the US Government sign the contract. However, the following month the US Government tries to back out of the deal because the war in Iraq has ended and their might not be a need for the HumVee’s anymore. Ford has agreed to let the US Government back out of the deal, but Dunlop refuses to allow the contract to be canceled. With respect to this situation.
As long as the two “people” who signed the contract agree to cancel it (Ford and US Government), it will be canceled
Ford can agree to cancel the contract because Dunlop is an incidental beneficiary to the contract
Ford cannot agree to cancel the contract because Dunlop is a third party intended beneficiary to the contract
Ford cannot agree to cancel the contract because Dunlop is a fundamental rights contracting party
Dunlop has no right to disagree because they did not sign the contract
19. Farmer Bob has a contract with Viki Vender to buy Corn. The valid contract signed June 1st 2004 says, “Payment of $100 is made today to Viki for shipment of 10 Bushels of Corn to be made on June 30th 2004.” On June 15th Viki Vender finds a buyer for her Corn for $200. She sends Bob a letter and check stating, I cannot provide you the corn we contracted for, here is your $100 back. Bob Receives the valid Check and letter on June 16th. The Price of Corn on June 16th is $120 for 10 Bushels. Bob doesn’t know what to do, so he waits until the shipment date of June 30th hoping that Viki will change her mind. On June 30th, when Viki doesn’t ship the corn, Bob goes out and buys a replacement 10 Bushels of Corn for $180. He wishes now to sue Viki Vender what is the likely result?
Bob gets only the $100 check because Viki didn’t actually breach the contract until the date of performance had passed.
Bob gets the $100 check and $80
Bob gets only $80
Bob gets the $100 check and $20
Bob gets $100 Check and $120
Bob Gets the $100 Check and $180
Bob gets only $20
20. Mary just turned 16 years old yesterday and decides to spend all her birthday money. She goes to a rental agency and signs a six month rental agreement for a 48 inch color television. She pays $600 upfront, to cover the rental rate of $100 per month for six months. She fills out all the paperwork truthfully including her name, date of birth, and social security number. After three months, she goes back to the rental store, gives them the TV back and says she wants a refund of all her money. The store asks if there is anything wrong with the TV and Mary says, no I just don’t feel like watching TV anymore. The store refuses to give her any money back claiming she breached her written, signed contract. What is the likely result of this situation?
Mary will owe the whole $600
Mary will owe $300 for the three months she used the TV
Mary will owe nothing, she gets the $600 back
Mary ratified the contract by using the TV and she will owe $600
21. After this exam, Stefany goes out and gets absolutely “plastered” and does an “all around the world tour of the bar”. A total of 23 Shot concoctions from every country, Tequila, Vodka, and some neon green South American drink called “Anti-freeze”. In her grossly inebriated state, Stefany agrees to sell her brand new 2003 Dodge Viper to Jane, if Jane can Balance a full beer glass on her head while doing the Hokey-Pokey (dance). Jane successfully does the deed and gets the keys to the car. The next morning, Stefany wakes up on the floor of the bar (after all she had no car) and immediately calls Jane to get her car back. With respect to this scenario
Jane can keep the car, there was a valid binding contract
Jane must give the car back, there was a voidable contract
There never was any kind of contract (it was void)
There never was a contract because there was no consideration.
JANE…. Is LONG…. GONE…. With the Car….
22. Michelle is fascinated with the heavy metal “big hair” bands of the 80’s and decides to form a band called the “Manic Michelle Mashers” (3M for short) and they will perform an all 80’s revival tour. On March 23, 2003, she contacts her friend Kristin who owns a bar called, “Bleached Jeans” and asks to perform at the bar. Kristin says sure, but the first date available to come in would be April 30, 2004. During the conversation, Michelle and her band agree to play at the bar and verbally terms are set for a payment after the performance of $1000 with a concert starting from 11pm-3am. Which of the following is true about this scenario
A valid contract exists
A valid contract does not exist
23. When a “starving Artist”, with little power such as Billy Joel, first starts their career and is convinced to sign a recording contract that allows them to keep only 2% of the money made from selling albums and concerts, the “starving artist” could best get out of the contract by:
Saying the contract was void as illegal
Saying the contract terms were a unilateral mistake
Saying it is an Unconscionable Contract
Saying that there was a mistake of value because Billy Joel didn’t know at the time of the contract that his songs would sell millions of albums.
24. Luke contracts with Matt to ship 10,000 cases of Red Ripe Tomatoes to his summer home in Florida. The contract states, shipment will be provided by the steamer train. Unfortunately, Matt thought this meant a “steamer” train, a train that is operated by steam power, and Luke thought it meant the very fast “STEAMER” train, a super-sonic high speed electro-magnetic train. The tomatoes are sent by the slower steam powered train and arrive rotten. Luke doesn’t wish to pay. In terms of this situation
There is no contract because there is no meeting of the minds
This is a mistake of value and thus cannot be rescinded
This is a unilateral mistake and cannot be rescinded
This is a Fraud and can be rescinded
25. Brion goes to a yard sale at Dan’s house and he finds a painting that he hates but likes the frame. Brion buys the painting for $25.00 and takes it home. At home, Brion rips out the painting from the frame and discovers a love letter written between George Washington and Martha Washington. The letter is valued at $3700. Dan finds out about this letter and demands that the purchase be rescinded and the letter be returned because it was a mistake. In terms of this situation:
There is no contract because there is no meeting of the minds
This is a mistake of value and thus cannot be rescinded
This is a unilateral mistake and can be rescinded
This is an unconscionable contract and can be rescinded
26. Stefany, 22, graduated from I.U.P. but her family in Vermont misses her and they say to Stefany move back to Vermont and work here and we will provide you with $20,000 to start a new life. With a deal like that Stefany would be a fool to refuse. Stefany says goodbye to her friends here in Indiana, PA and goes back to Vermont. She obtains employment and at first stays with her parents. After six months, she starts asking where her promised 20,000 dollars is. Her parents say, well..here is thing Stefany. Its not going to happen, we cannot afford it. What are Stefany’s legal options at this point?
None, the cash was a gift and not supported by legal consideration
Stefany could sue her parents for breach of contract
None, since Stefany’s parents had no legal obligation to support Stefany
Stefany could sue her parents but her parents could counter sue Stefany for the housing, food and clothes they provided her for the first 18 years of her life.
None, Children are prohibited from suing their parents under the Parental Alienation Training and Rehabilitation In Overt Thinking Act
27. Brion goes to The Buffalo Chop House and orders a steak well done for $35.23. Fifteen minutes later the Chef ,while the steak is still cooking, comes out and says the Price is going to be $38.13 because the steak was a little thicker, which is not an abnormal occurrence, and is taking a little longer to cook. If Brion did not want to pay the increase in price his best argument would be
The parole evidence rule
The Statute of Frauds
Preexisting Duty
Promissory Estoppel
28. Mike, a Professor, is doing premiere research getting rid of Toe Nail fungus that turns toe nails yellow (ewww) and is actively searching out people with such aliments. While at the gym, Mike discovers someone that has that fungus and says hey, would you like to be a part of my study. The guys says sure I guess. The next day the locker room guy with yellow toe nails goes to Mike, takes the medicine and is cured. The following week Mike sends the guy a bill for $313.23 for the treatment and cure of his toe-nails. With respect to this situation:
A valid contract exists because it was performed
A valid contract exists because it was for medical services
A valid contract does not exist because it was not a “bargained for exchange”
A valid contract does not exist because of the parole evidence rule
29. After Brion purchases a new Computer, he also sends in a manufactures rebate coupon for $50.00. Unfortunately, his decimal looks like a comma and they company sends him a check for $5000. Brion cashes the check and spends the money. Later the company asks Brion to pay them for a refund of $4950. Brion asserts a defense that a valid contract exists and it is not his responsibility to ensure the company accurately records the rebates. In terms of this situation

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Brion will win
Brion will lose
30. Questions 30-33 are based on the following fact situation:
Marty Golby was accepted by Nixon School of Law for the fall term of 1991. Several generations of Marty’s family had attended the prestigious law school. On August 14th, at a party to celebrate Marty’s acceptance, his father, Dick Golby, announced to Marty, in the presence of the party attendees, “Son, it’s your obligation to uphold the family tradition of excellence at Nixon. In this regard, if you promise to study a minimum of 5 hours per day, then I shall pay you $1000 for each “A” you achieve during your first; $2500 for each “A” you achieve during your second year and $5000 for each “A” you achieve during your third year. Moreover, I will buy you a baby blue Corvette (car) at the end of the first semester if you promise not to smoke crack cocaine while in law school. Marty replied, “Dad, not only shall I study five hours a day, buy you can order the car today because I promise not to smoke crack as you requested.”
After the first semester, Marty returned home on December 24th and showed his Dad his grade report that indicated that Marty received “A” in three courses. His dad wrote Marty a check for $3000. Mr. Golby (the father), then asked in the presence of Marty’s uncle Homer, “Did you abide by your promise not to smoke crack?”. Marty replied, “yes, father.”. Marty’s father then told Marty that he had already ordered the car and that it would be available for delivery within one month. Uncle Homer then said to Marty, “Marty, I want you to know if anything ever happens to your father, that I will continue to pay you as per your father’s promise, for your any “A” earned at Nixon.
When Marty returned to Nixon the following week, he received tragic news that his father had died suddenly. At Mr. Golby’s funeral, the executor of his estate told Marty that he was not going to give Marty the car. In addition, Uncle Homer approached Marty and told him that he did not believe he would be obligated to pay Marty for any A’s which Marty may receive in the future.
30. The most accurate statement concerning Mr. Golby’s promise to reward Marty for achieving A’s at law school would be that
The promise constituted an unenforceable conditional gift
The promise would not be legally binding, since it was illusory
The promise would be enforceable if a bargained for exchange was so intended
The promise constituted a voidable promise
31. In a law suit against the executor of Mr. Golby’s estate to recover the New car (Corvette) for breach of his father’s oral agreement, Marty will
Succeed (get the car), since Marty gave up something of legal value as consideration
Not succeed, since Mr. Golby’s promise was not reduced to writing
Not succeed, since Mr. Golby’s promise was only a conditional gift
Not succeed, because Marty was not giving up something of legal value as consideration.
32. Uncle Homer’s December 24th, promise to Marty with respect to achieving A’s at Nixon would constitute
An enforceable, promise binding uncle Homer as a surety
An unenforceable promise because Marty’s father had a pre-existing duty to pay Marty
A voidable promise as violating the Statue of Frauds
A void promise
33. Assume for this question only, that during Marty’s first semester at Nixon law school, Marty’s romantic involvement with his girlfriend Louise, resulted in her pregnancy. Louise demanded that Marty furnish child support for the baby. As a result Marty agreed to assign to Louise his right to payment for all “A” which he might receive during his three years at Nixon law school. Marty studied diligently and received four A’s during his first semester. Marty sought payment for the grades from his father (who is alive in this question), and told him that he assigned his right to receive payment to Louise. When Marty’s father refused to honor the assignment, Louise brought suit against Mr. Golby for breach of contract. The court should enter judgment for
Mr. Golby
Louise
34. In response to the alleged Donald Trump offer we also watched the comedian Bill Maher on the Jay Leno show http://www.youtube.com/watch?v=pvrrm3i2Lfo and http://www.youtube.com/watch?v=089oKOa3vFw say if Trump can prove he is not the evil spawn of an orangutan with his mother then Maher will donate 5 million to Trump’s Favorite Charity the hair club for men. The best legal conclusion of this situation is that
Trump will lose because he is half orangutan (it’s the orange hair)
Maher will never have to pay because no reasonable objective person could consider this an offer.
Maher will lose and must pay the five million if Trump produces proof of human parents
Can you believe this guy makes more money than you or I will ever see
EssayONE 20% of exam:
On July 16, Fashion Coordinates Inc., a New York Corporation and manufacturer of women’s clothing received an order from X, a new York resident and owner of a local basketball team. The order was for 12 specially designed sweat suits. X gave fashion the exact height and weight of his players and specified that due to an allergic reaction of the star player, only a special blend of cotton, wool and cashmere was to be used on all sweat suits. The price agreed upon was $750 per sweat suit, and delivery was to be before October 16, Fashion Coordinates calculated that the cost to manufacture each sweat suit would be $500, making for a profit of $250 on each suit.
Fashion Coordinates ordered the necessary quantity of the special blend from “y”, the only importer of the blend in the United States. “Y” did not have any of the material in stock, but expected a shipment by September 25th.
On July 18, Fashion Coordinates sent a letter to X confirming the order of 12 sweat suits made of the special blend at $750 per suit. Fashion also stated that delivery would be made by October 16.
X received the letter the next day
On July 26, fashion sent a letter to “x”, stating that Y’s shipment of the special blend would be delayed two weeks. Fashion promised to deliver the sweat suits by October 30th.
X received the letter that day but made no reply.
On August 20, Fashion received the special material from Y and paid $3000 for it. Fashion then cut the material to X’s specifications as ordered.
On October 18, fashion called x and told him that eight of the sweat suits were finished and that the others would be done by October 25.
X replied, “I don’t need them anymore; the players are on strike, so my order is canceled.”
On October 19, Fashion notified “X” that the four remaining sweat suits would not be manufactured and that the eight suits already made would be sold.
Fashion then sold the eight sweat suits to a volleyball team for $4000, the highest obtainable price. Fashion incurred shipping cost of 4500 in connection with the resale.
By not completing the last four sweat suits, fashion saved $2000. Fashion sold the remaining special blend for $100.
Fashion sued “x” for breach of contract. X argued that Fashion is not entitled to win because (1) an enforceable contract between “x” and fashion coordinates did not exist, and (2) Fashion is not entitled to recover damages because it breached the contract by not delivering the sweat suits by October 16th.
To assist in your answers I have provided the following provisions of the uniform commercial code for your review:
Section 2-201(1):
When the Statute of frauds applies, there must be a writing sufficient to indicate that a contract of sale has been made between the parties and signed by the party against whom enforcement is sought.”
Section 2-615(a): delay in delivery by a seller is not a breach of his duty if performance has been made impracticable by the occurrence of an event where no one thought such event would occur and was a basic assumption of the contract.”
You have been asked to prepare a written response on the following questions:
1. Was there an enforceable contract (one that has the four elements of a contract) for the sale of sweat suits between fashion Coordinates and X? WHY or WHY NOT? Ie what is there and what is missing specifically?
2. What is the role of whether the contract was signed? Why is that important?
3. Is there any importance to the fact that these sweat suits were specially manufactured? Why or Why not? What role does this play in whether there was a contract?
4. Did the non-delivery of the suits by October 16 constitute a breach of contract that would prevent Fashion from obtaining damages. Why or why not?
5. What kind of contract clause could be inserted into the contracts above that would have protected the basketball team owner from having to pay for the suits when his players went on strike?
6. How would the damages of Fashion be calculated? In your answer use these catagories resale price, contract price, shipping costs, manfucatring expense saved, and actually compute the final damages.
ESSAY TWO 20% OF EXAM SCORE.

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Seattle Man Loses in Battle With Pepsi for Harrier-Jet Prize
The Wall Street Journal, August 9, 1999.
John D.R. Leonard took PepsiCo seriously when one of their “Pepsi stuff” commercials made an offer of a Harrier jet, the famous high-tech “jump jet” used by the U.S. Marines . In a TV commercial that aired in 1995, Pepsi jokingly included the Harrier as one of the prizes that could be received with a “mere” 7 million Pepsi points. While that sounds like a lot of points to get from drinking Pepsi products (roughly 190 Pepsis a day for 100 years), the company also allowed customers to purchase points for 10 cents a piece.
Leonard did the math, and discovered that the cost of the 7 million points needed for the jet was a mere $700,000. He then put together a business plan, raised the $700,000 from friends and family, and submitted 15 Pepsi points, the check, and an official order form along with a demand for the Harrier jet.
PepsiCo wrote back, stating: “The Harrier jet in the Pepsi commercial is fanciful and is simply included to create a humorous and entertaining ad. We apologize for any misunderstanding or confusion that you may have experienced and are enclosing some free product coupons for your use.”
The free coupons did not satisfy Leonard, who then took PepsiCo to task in court. Finally, on August 5, 1999, a federal judge for the Southern District of New York held that PepsiCo was only joking when it implied in its ad that it was giving away fighter jets. Judge Wood noted that since the jets sell for approximately $23 million each, “no objective person could reasonably have concluded that the commercial actually offered consumers a Harrier jet.” Instead, this was a classic example of “a deal too good to be true.”
If you wish to find out more about this case (and the rationale underlying Judge Wood’s decision) you can view the entire opinion and order from the web site of the Southern District of New York’s CourtWeb On-line Rulings Information System. (Note: You must have a copy of Adobe’s Acrobat Reader installed on your computer to view this document.)
Questions are on next page
1. What are the elements of a valid contract? What elements were present here and which were not? Specifically what if any defenses might exist to the formation or enforcement of the contract?
2. Describe the objective theory of contracts. How does that theory apply to this case?
3. Why do you think the court held that there was not a valid agreement here?
4. Are advertisements generally considered offers? Why or why not?
5. How does this case differ from a reward situation, where a unilateral contract is formed upon completion of the requested act?
In P.A, the Supreme Court of P.A. has made a decision that you can shoot people in your home without retreating from the home as a form of self defense, if the PA Court of Common Pleas in a case makes a decision that you have to retreat from the home before defending yourself which of the following is true:
The PA Supreme Court must follow the Court of Common Pleas holding because this is an example of Stare Decisis
The PA Court of Common Pleas must follow the PA Supreme Court holding because this is an example of Stare Decisis
This is really a federal question and should be moved to the federal courts
It depends on diversity jurisdiction
New York passed a law requiringemployers to provide employees with a minimum of eighteen (18) weeks unpaid leave for the birth of a child. Subsequently, Congress passed a law requiring a minimum of 12 weeks of unpaid leave for the birth of a child. Which statement is correct?
The New York law has priority (it controls) because it was in place prior to the federal law
The New York law has priority because the state has exclusive authority to regulate family matters
The New York law controls because it is not in conflict with the federal law
The federal law takes precedence over the New York law
Both laws are null and void because of the conflict
On d2l we examined the case ofMiladin Kovacevicthe Binghamton University Basketball player from Serbia who nearly killed an American Business Major Student. While under arrest, Kovacevic fled the country and went back to Serbia. In terms of this situation, the American courts had what legal issue:
Subject matter jurisdiction
In Persona jurisdiction
Due Process
Diversity Jurisdiction
Adarand Construction is a white-owned construction firm that had bid on a sub-contract to supply guardrails to a federal highway project in Colorado. Adarand Construction had the lowest bid, but the general government contractor took a bid from a minority owned firm because the government Contractor thought it was a good idea to give a chance to minority owned businesses. According to this scenario, the courts would find this constitutional only when
the government can prove that there is any rational reason and for a legitimate government purpose
the government can show a compelling government interest and a necessity that this is the only way of achieving the compelling government purpose
If the government can show an important government interest and a strong relation to achieving the purpose.
None of the above under the 13,14,15 Amendments to the Constitutions race based distinctions are always unconstitutional.
Due to a bad winter, Pennsylvania has passed a law that all vehicles that travel on PA roads must have four wheel drive. In terms of this law’s constitutionality, it can best be said that the law:
Is Constitutional under the State’s Police Powers
Is Unconstitutional because it violates Substantive Due Process
Is Unconstitutional because it violates the commerce clause or dormant commerce clause
Is Constitutional because of the taxing and spending powers of the federal government.
New York has decided they are tired of imported Canadian Beer… Who drinks Molson Anyway… So New York has imposed a $2.00 per bottle tariff (Tax) on imported Canadian Beer entering New York. With respect to this tariff (tax):
New York is authorized under the commerce clause to impose taxes because of the taxing and spending powers of the United States Constitution
New York is not authorized to invoke this tax because the commerce clause of the US Constitution gives the federal government the exclusive power to regulate commerce with foreign nations.
New York is allowed to pass this tax so long as it does not burden interstate commerce
New York is not authorized to pass this tax because it is an ex-post facto law.
You run a red light in Indiana, PA and injure a Pedestrian as the result of that. You have pled guilty in criminal court to running the red light. The law that you must stop at a red light was specifically designed to prevent injury to pedestrians. The Pedestrian (Plaintiff) sues you (Defendant) and produces a law in Indiana PA that says no car shall go through any intersection when the light is red. As a result of producing that law, the Pedestrian in the law suit must now only prove:
Duty
Duty, Breach, Causation, Damages
Causation
Damages
Rachel invites Lisa over to her place for a “girls night” sleep-over. Lisa has never been to Rachel’s house before. As she is climbing the stairs, she trips and falls and breaks an ankle. The reason she tripped is that there was a stair missing on the staircase at Rachel’s house. This is the only staircase at the house and is used everyday by Rachel. With respect to this situation Rachel has what if any duty
Owes no duty to Warn Lisa
Owes a duty to warn Lisa
Owes the same duty to Lisa that a store like Wal-Mart would owe to its customers
Owes a duty to record her screams
You have been injured by a defectively designed tractor. You purchased the tractor from a yard sale by your next door neighbor. The tractor was purchased by the neighbor last year from a Garden and Tractor store. The Garden and Tractor store purchased it from a large tractor whole saler called Clean Cut and finally the tractor was manufactured by Suzuki. In Strict Product Liability the list of people you can sue include all of the following:
Your neighbor, Garden and Tractor store, Clean Cut, Suzuki
Garden and Tractor store, Clean Cut, Suzuki
Your neighbor, Clean Cut, Suzuki
Suzuki
Aarika has purchased a “q-tip” a thin stick with a cotton swab on both ends. On the box of q-tips it says, not for use in cleaning the ears, to be used only on the outside of the body and not inserted into body opening. However, the company is aware that a majority of users often misuse the product in direct violation of that warning by cleaning their ears. Aarika inserts the swab into her ear and ruptures her ear drum. She sues the Q-tip manufacturer for product liability. The manufacturer’s defense says a q-tip is to be used only on the outside of the body. In terms of this defense the court should

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Accept the manufacturer’s defense
Reject the manufacturer’s defense
11. If I.U.P., a state university, has a practice that immediately before each College Football Games on the PA system, after the Pledge to the Flag is given, a short 20 second prayer is given which says, “May our God Jesus Christ give us the strength to persevere, and the courage to fight, Amen”. Which statement is most likely true
The prayer is a violation of the separation of Church and State
The prayer is in violation of the freedom speech as
“Fighting words”
The prayer is in violation of the 14th Amendment
The prayer is allowed under the freedom of religion clause of the first amendment
12. Mike is a land owner and the PA state government wishes to build a highway through his front lawn. They are forcing him to sell his house. However, prior to the selling of the house, Mike is entitled to a court hearing to determine its fair value and whether the Government can sell it at all. This has to be done because of
Substantive Due Process
Procedural Due Process
Third Amendment
17th ammendment
They do not have to do this
13. Bobby and his Wife Judy strictly follow the religion of “guzhara” where extreme temperatures of heat and cold are used on the human body to put one into a transcendental state and, by such, be able to commune with the creator. Bobby and his wife also have a 13 year old son named Kevin. Bobby and Judy have been doing this practice for over 25 years and are considered experts at the practice and have even frequently involved Kevin in the practice . On numerous occasions, Bobby, Judy and Kevin’s have subjected their bodies to life threatening 130 degree heat for 2 hours and then dangerously plunged into an ice bath of 33 degrees. The shock it provided to their system, due to the near death experience, clarified their religious thoughts. On November 1st 2008, Bobby, Judy and Kevin participated in this same kind of religious “guzhara” event. Unfortunately Kevin,went into shock when he was transferred from the high heat to the bitter cold and he later died. At the subsequent trial for the death of Kevin
Bobby and Judy should escape the charges because they were known experts in their field
Bobby and Judy should escape the charges because they were practicing their religious freedom guaranteed under the first amendment
Bobby and Judy should escape the charges because Kevin knew or should have known of the dangers of things that are hot and cold.
Bobby and Judy will not escape the charges
14. Which “School of Thought on the Laws” basic idea is that law is shaped by logic and applying logic to the facts.
NaturalSchool
Historical School
Analytical School
Command School
15. The local I.U.P College Bully, “Devin”, meets “Kevin” outside of his business law class and says, “Kevin if you come to class next week, then after that class I am going to hit you with a tire iron (club) on your head.” The most serious crime Devin could be found guilty of is:
Assault
Battery
Slander
No crime
16. Next Week Kevin shows up to the Business Law class, but Devin reconsiders his dramatic “tire iron” threat and instead decides to play a practical joke on Kevin. He has tied a string on Kevin’s chair and as Kevin begins to sit down (not seeing Devin or the String) Devin pulls the string and the chair moves and Kevin falls and suffersa fracture of the hip, a broken Tibia, a broken ankle, and a broken pelvis. What crime(s) can Devin be charged with?
Battery
Assault
Both A & B
None of the above (no crime)
17. In the question above lets say Kevin sues Devin for the injuries He sustains and let’s further assume that Devin can prove that Kevin suffers from hemo-marrow encephalitis a bone disorder that causes leeching of calcium from the bones making them prone to fractures. Devin can prove in court that had Kevin been a “normal” person without this disease the injures he would have suffered would have been no worse than a small black and blue. With all the injuries Kevin suffered the damages are $4532, what “normal” people would suffer are $104. Based on these facts the jury should award Kevin
$104
$4532
$2340 (aprox half)
$0
18. You are attending the funeral of your Business Law Professor (Did he meet Devin in some back Alley?). Most of his students stand up and give some short statement on what a noble and gracious human being he was… That is… Until… … Nadia…. Nadia stands up and lies to all in attendance that “Brion” was a despicable human being, who had committed numerous crimes including murder and rape and goes on to berate him for being a horrible and unfair professor and finally commits the outrageous act of going to “the bathroom” in the open casket. This act makes Brion’s parents vomit and pass out. After this outrage, Brion’s parents, as administrators of his estate, wish to sue. What can Nadia be sued for?
Slander
Libel
Intentional Infliction of emotional distress
Both A & C
No crime
19. The total list of elements of negligence are:
Duty, Breach of Duty, Causation, Damages
Duty, Standard of Care, Causation and Damages
Duty, Breach of Duty, Strict Liability, Damages
Duty, Breach of Duty, Damages
20. “Kelly” & “Jilliane”, two college friends, are walking near a swimming pool joking and laughing. Kelly turns to Jilliane and says, “You are looking so amazing today… and Jilliane says, “Yes, I am hot.” At this point Kelly says, “I can fix that” and pushes Jilliane into the pool. The push causes Jilliane to break three teeth, and Jilliane can not swim and calls for help.
Luckily “Sarah”(hero theme (dunt tad a da) is nearby and plunges into the pool to rescue Jilliane. Sarah accidentally bangs her arm on the side of the pool when she dives in and fractures her arm. Sarah then also acts negligently in the rescue because she drags Jilliane out of the water by her neck which causes Jilliane to fracture her third vertebrae paralyzing the woman from the neck down.
Jilliane is rushed to the hospital where doctor (Dion) does emergency surgery. The doctor negligently leaves a sponge in Jilliane and Jilliane dies as a result.
On her way home after the pool incident, with a broken arm, Sarah is hit and killed by a drunk driver who ran a red light and smashed into her car.

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What are all the legal liabilities of Kelly?
Kelly can be held liable for: Jillane’s broken teeth, Sara’s broken arm, Jilliane’s broken vertebrae, Jilliane’s death, Sara’s Death.
Kelly can be held liable for: Jillane’s broken teeth, Jilliane’s broken vertebrae,
Kelly can be held liable for: Jillane’s broken teeth, Sara’s broken arm, Jilliane’s death,
Kelly can be held liable for: Jillane’s broken teeth, Sara’s broken arm, Jilliane’s broken vertebrae, Jilliane’s death
Nothing Kelly owed no duty to Jilliane
21. In class on Moodle we watched the video depiction of the jet airliner from Colgan Air that crashed outside of Buffalo New York. The families of the deceased are suing the airline for negligence. What duty did the airline allegedly violate in terms of this situation?
The duty to provide proper seatbelts
The duty to provide on time arrival
The duty to provide proper pilot training
The duty to provide airline wheels that don’t rupture
22. Brion, an attorney, goes out on a date with Baeta. After the date Baeta goes on a web site called don’t date him girl and proceeds to write Brion cheats on his wife and has a criminal record for embezzling. Assuming neither of these remarks are true, who can be sued and for what:
Don’t date him girl website for libel, Baeta for Libel
Don’t Date him girl website for slander, Baeta for libel
Baeta for Libel
Baeta for Slander
Nothing, this is a matter of opinion only no legal implications are involved
23. Colleen and Jordan are boyfriend and girlfriend. They are in Jordan’s car and Jordan is driving. Colleen asks Jordan to pull over for a second. Jordan does so and Colleen says, Jordan we have to talk… (Why is it nothing good ever comes after this)…Colleen continues, You are very special to me, but I just don’t see this relationship going anywhere, I think we should see other people. (which really means I’m already seeing other people). Jordan is stunned he didn’t expect this to happen. They had plans, he bought tickets to a concert, they were in love. He starts crying and says, Colleen please, don’t… don’t do this. Colleen says sorry that is the way I feel and I want to leave you and this car right now. Jordan then locks the doors and speeds off onto the highway at 65MPH with Colleen in the car and says until you say you will go back out with me, I am not pulling over. In this situation it can best be said that:
Colleen can be sued for Intentional Infliction of emotional distress to Jordan
Colleen can sue Jordan for False Imprisonment
Colleen can be sued for conversion of property of Jordan
No one has committed anything that would rise to a legal liability it’s a break up that’s all

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