Answer all essay questions and answer every part of the essay problems
— labeling each part, if required. Some of the essay in questions are in
multiple parts. There are seven (7) essay questions.
2. Bullets are permitted in the essays.
3. No plagiarizing – I will take this seriously — write your own answers using your notes and text, and DO NOT COPY MORE THAN THREE (3) WORDS IN A ROW from any source, person, slide or text. You are not permitted to copy off the internet, from other persons, or from the text, notes or slides
directly.
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Each of these questions is
worth ten (10) points.
1.
Ava
lives and works in Manhattan, and she is looking to purchase an electric bike
to help her get to work and around town. After conducting research, she decided
to buy an electric scooter from Jetsons, Inc., a leading seller of e-bikes. The
e-bike that Ava likes, known as the “Bolt”, promised efficient and
eco-friendly riding with the latest innovations in e-bike battery technology.
Ava did not want to wait for the scooter to be shipped and was very happy when
she found a local retailer of the Bolt, Midtown Bikes, that had a few Bolts in
its inventory. Excited about her new purchase, Ava used the e-Bike regularly
for her commutes and short trips around the city.
One day, while riding
the Bolt, the bike’s braking system suddenly failed, leading to a collision
with a parked car. Research showed that a higher-grade battery could have
prevented the braking failure. Ava suffered severe neck injuries and incurred
medical expenses for treatment. An examination of the Bolt model Ava purchased
revealed a manufacturing defect in the brake system that affected a specific
batch of Bolts.
a. Ava decides to pursue legal action against
Jetsons, Inc. An initial investigation revealed no evidence of negligence.
Judgment for whom? Explain fully.
b. Ava also sued Midtown Bikes. Judgment for
whom? Explain fully.
Make
sure you label your answer parts.
2.
Aaron
wants to renovate the bathroom and
kitchen in his home, and he hires Rodney to do this work. They enter into a
contract after agreeing to a cost of $50,000. However, once Rodney starts work,
he realizes that it will cost $10,000 extra to complete the work that he
promised. To show good faith to Aaron, Rodney tells him that he will split the
added cost with Aaron and asks Aaron for an additional $5,000. Aaron at first refuses
to pay the additional $5,000, and after Rodney tells him he simply cannot continue
without the additional money and fearing that another contractor will probably
charge much more, Aaron agrees to pay the additional $5,000. After the
renovations are completed, Aaron refuses to pay the extra $5,000 he agreed to. Rodney
sues Aaron. Who wins? Please explain.
3.
Alexandra
has been promoted to chief executive officer of her company and now needs an
apartment suitable for elegant entertaining.
After carefully inspecting a condominium apartment, Alexandra asks Tanya,
the seller, if the building is quiet. Alexandra emphasized the importance of a
quiet environment since she suffers from horrible migraine headaches that are
triggered by exposure to loud noise. Tanya makes the following three claims
about the apartment:
a.
The unit is very quiet, since the condominium’s bylaws
(internal rules) established a noise curfew (cutoff) of 10 PM.
b.
The rooftop patio is a very elegant venue and the perfect
place to entertain
c.
The neighbors are friendly and host an annual holiday party
Alexandra bought the
apartment. However, soon after she moved in, Alexandra learned that the
building had no formal rules regarding noise, and her next-door neighbors play
loud music late into the night. She did
not find the rooftop patio elegant, and its furnishings are, in no way, of a
high-end quality. In addition, the
neighbors are not friendly and do not host an annual holiday party.
Alexandra seeks to rescind
the purchase of the apartment. May she do so?
Explain fully the legal
basis of your decision and discuss fully all three pieces of information
lettered a, b, and c above.
4.
Angie
has been playing the violin since she was eight years old, and by the time she
entered high school, she became very good at it, and was encouraged by her
music teacher to step up her practice and start taking lessons by a world-class
instructor. Unfortunately, the lessons with the world-class instructor cost
$200 per hour, more than four times what her parents were paying. When Angie’s
wealthy grandparents learned about this, her grandfather said to her: “Nothing
but the best for you, my dear grandchild. I will pay for your lessons and will
send you a check for $20,000 tomorrow. That will be enough for 100 lessons.” Angie
thanked him and said, “Grandpa, when I become the world’s greatest violinist, I’ll
always save you the best seat in the house!” To this, her grandfather replied,
“That would be wonderful! I accept and will hold you to it!”.
Assuming capacity is
not an issue here, do Angie and her grandfather have a valid contract? Please
explain.
5.
On
May 1st, Estelle, a woodworker, sent a signed letter to Antonio, who operates a
kids’ bedding store that read “I offer to build you a child’s bunk bed for
$500. This is a “firm” offer and I promise not to revoke it for four months
from today. (signed) Estelle.” Antonio
received the letter on May 5th. On August
30, Estelle decided that she did not want to build the bed after all, so she
sent a letter on that day to Antonio that read, “Hi Antonio: I am terribly
sorry, but I have to revoke the May 1st offer to build the bunkbed. (signed) Estelle.” Antonio received the letter on September
2nd. On September 3rd, Antonio sent a
letter to Nicole saying, “I accept your original offer of May 1st. (signed) Antonio.” Estelle received the letter on September
8th. Estelle refused to build and
deliver the bed to Antonio. Antonio then
sued Estelle for breach of contract.
a.
Judgment for whom? Explain.
b.
Assume that Estelle made the offer by telephone and not in writing. Judgment for whom? Explain.
6a.
On December 1st, Kim and Kendall enter into an oral agreement under
which Kim agrees to sell her house to Kendall for $2,000,000. They agree to a
January 15 closing date. On December 2nd, Kendall makes a down
payment of $200,000, which Kim accepts. On December 12th, Kim
informs Kendall that she has changed her mind and is no longer interested in
selling her house. Kim offers to return the $200,000 down payment.
Kylie sues Kim for breach of
contract. Kim pleads the Statute of Frauds as a defense, stating that the
agreement had to be in writing to be enforceable. What judgment? Explain fully.
6b. Also on December 1st,
Kim and Kylie enter into an oral agreement under which Kim agrees to sell her
two cars to Kylie for $100,000 each. Kim agrees to deliver the
cars to Kylie on December 15th. On December 2nd, Kylie pays Kim a 50% down
payment, which Kim accepts. On December 12th, Kim informs Kylie that
she has changed her mind and is no longer interested in selling her cars. Kim
offers to return the down payment to Kylie.
Kylie sues Kim for breach of
contract. If Kim pleads the Statute of Frauds as a defense, judgment for
whom? Explain fully.
7.
For
almost a whole week, Stephen and Reed negotiated over the sale of Reed’s car
from Reed to Stephen. Finally, in the presence of witnesses, Reed said, “All
right. I’ll sell you my motorcycle for $5,000.” Stephen knew that Reed loved
his motorcycle and is shocked that he is selling it, but when Reed said
motorcycle, Stephen quickly accepted, planning to buy the motorcycle. Both the
car and the motorcycle are worth about $5,000 each.
Do Stephen and Reed
have a contract here? If so, is it for a car or a motorcycle?
