exam consists of three parts and the total suggested time is three (3) hours. All
point values and suggested times are approximate. You will be given three and
one half (3 1/2) hours to complete the exam. Do not use the additional time to
write longer answers; rather, spend any extra time thinking and organizing.
answers to Part I should be written on this exam in the space provided. If you
need additional space, write on the back of the page.
answers to Parts II and III should be written in blue books, and you should use
a separate blue book for Part II and Part III.
yourself on this exam and on your blue books only by your exam number.
law school's honor code binds you to neither give nor receive any improper
assistance, and to report any improper assistance of which you are aware.
May 1, Sarah, who lives in Los Angeles,
mails a letter to Ben, who lives in New
York. The letter reads: "In response to your
inquiry about purchasing the beachfront property I advertised in the L.A.
Times, I hereby confirm that I will sell the property for $250,000. If you want
to buy it, you should let me know right away. There are a couple of other
people who came by to look at the property and I'd like to sell it as soon as I
May 2, Sarah accepted an offer from Elena (who also lives in Los Angeles) to purchase the property for
May 3, Sarah mailed a letter to Ben stating that she had sold the property.
May 4, Ben received Sarah's May 1 letter.
May 4, Ben sent the following letter to Sarah via Express Mail (next day
delivery): "I accept your offer. I will buy the property for $250,000. Enclosed
please find a check for $2,500. I'll call you next week to discuss details such
as escrow, etc."
May 5, Sarah received Ben's May 4 letter.
May 6, Ben received Sarah's May 3 letter.
Ben's likelihood of success in a breach of contract action against Sarah if
Sarah refuses to sell him the property.
an experienced tobacco farmer, agrees with Susan, also a tobacco farmer, that
he will purchase two tobacco barns from Susan for $5000 each. A few days later,
before Bill has taken possession of the barns, he presents Susan with a check
made payable to her in the amount of $10,000. The check contains the word
"barns" in the memorandum section. Susan refuses the check. The
following day Susan sends Bill an e-mail containing the following statement:
object to your attempt to pay me as if we had a legally enforceable contract.
You know that our agreement was only oral, therefore it cannot be enforced in
Susan refuses to sell the barns, can Bill enforce the agreement against Susan?
a sophomore at the University of Mississippi, auditioned for and obtained a
highly coveted role on the new reality show Ole' Miss Survivor - featuring a
selection of various University of Mississippi students who have been stranded
in the kudzu off Molly Barr Road. One Friday evening, after only two weeks of
taping, Penelope was voted off the show by the rest of the cast.
evening as Penelope was packing her belongings, David Slick, the executive
producer of Ole' Miss Survivor, stopped by Penelope's tent.
"Penelope," he said, "You are such a sweet kid. I can't believe
those ruthless rascals plotted to vote you off the show. You really worked hard
on all of the challenges, and I know our ratings during your episodes will soar
because you were a part of the cast. In light of all your hard work, I'll make
sure you get a shot at any endorsement deals that are presented to the cast,
even though you didn't make it to the final four."
her conversation with Slick, Penelope left Ole' Miss Survivor feeling upbeat
and determined to see the show succeed. From time to time Penelope returned to
the set during taping to act as a consultant, advising her former cast mates on
how to make their scenes appear more realistic to viewers.
months later Ole' Miss Survivor aired on network television and became a huge
ratings success. While watching an episode of the show, Penelope saw an
athletic shoe commercial featuring the final four contestants. Furious that she
had heard nothing about the endorsement, Penelope called her lawyer to file a
lawsuit against the network.
Penelope enforce Slick's promise against the network?
that Slick is deemed an agent of the network, and that Penelope's jurisdiction
has not adopted the rules reflected in the Restatement (Second) of Contracts §§
86 and 90.)
and Peter desire very much to have a child. but they both feel strongly that
carrying a child to term would be detrimental to Adrianna's health, as well as
her career. Adrianna and Peter have found a surrogate in Ireland who is
willing to carry the couple’s
child to term. Adrianna and Peter have visited a lawyer specializing in
surrogacy agreements and the lawyer has drafted a contract whicch provides that
the surrogate will carry the couple's child to term, and, upon birth, deliver
the child to Adrianna and Peter.In
exchange, Adrianna and Peter will pay the surrogate's medical expenses, as well
are the arguments in favor of the enforceability of the proposed contract?
are the arguments that the proposed contract is unenforceable?
Roberts, a businessman, was a bit of a braggart. He boasted incessantly to the
other members of his country club about the success of his business. One
evening in the dining room of the country club, Frank Masters, also a
successful businessman, said to Chett, "I'm so tired of all your boasting.
If you will go without talking for six months, I will pay you $1 million
a proud and stubborn man, immediately accepted the challenge, and the two began
working out the details. According to the agreement, if Chett remained silent
until on the last
day of the sixth month he would be entitled to $1 million. A glass room was
erected for Chett in the lobby of the country club, and various members and
staff were assigned to "watch" Chett, especially when he received
meals and left temporarily to use the restroom. Frank watched anxiously as
Chett remained silent, month after month.
on the last day
of the sixth month, many of the club members stood around, waiting to
congratulate Chett on his successful completion of the challenge. Unable to
contain himself, Frank rushed to Chett and opened the door of the glass room.
"It's all over Chett," he said painfully. "I never thought you
could do it. Business has been terrible and I don't have that kind of money. I
can't possibly pay you."
Chett emerged from the glass room, he looked both desperate and irate. Chett
signaled for someone to give him a pen and paper, and wrote the following on a
haven't worked for six months, and I spent $50,000 getting my vocal cords
removed. I'll never speak again.
day in October, Derek, an avid hunter, was watching an infomercial for the
"Tree Sofa", a foldable chair that can be fastened to a tree trunk so
that game hunters can perch themselves high above their prey. The infomercial
featured satisfied customers who boasted that, by using the Tree Sofa, they had
been able to dramatically increase the number of deer and other game they were
able to "harvest" in a given season. Derek, excited by the prospect
of this revolutionary technology, quickly began to imagine how he might use the
Tree Sofa in his upcoming hunting competition in Northern
Africa, where he would be hunting the elusive ecko.
watching just a few minutes, Derek called the number on the screen eager to
order his own Tree Sofa for only $125.00. Derek spoke with Ellen, a representative
of HuntCorp, the manufacturer of the Tree Sofa. Ellen took Derek's order and
assured him that he would receive the Tree Sofa in 8-10 business days.
business days later, on the morning Derek left for his trip to Africa, he still had not received the Tree Sofa. Derek
did well at the competition, but felt that he could have done significantly
better with the Tree Sofa, which would have increased his ability to spot the
many ecko moving quickly in the wooded brush.
days after Derek arrived home from the competition, Derek received his Tree
Sofa in the mail. Derek began to unwrap the package when he noticed a slip of
paper underneath the plastic packaging. The form contained the following
OPENING THIS PACKAGE YOU HEREBY UNDERSTAND AND AGREE TO THE FOLLOWING TERMS:
THE SELLER WILL NOTIFY THE PURCHASER OF ANY DELAYS IN DELIVERY. THE SELLER WILL
NOT BE RESPONSIBLE FOR ORDINARY DELAYS IN DELIVERY, OR DELAYS THAT ARE BEYOND
ITS CONTROL. IF DELIVERY IS NOT MADE WITHIN 90 DAYS OF THE SCHEDULED DATE, THE
PURCHASER SHALL HAVE THE RIGHT TO CANCEL THIS CONTRACT.
THE PURCHASER AGREES TO PAY REASONABLE ATTORNEYS' FEES AND COSTS OF COLLECTION,
SHOULD THAT BE NECESSARY.
ALL DISPUTES UNDER THIS ORDER SHALL BE SUBMITTED TO BINDING ARBITRATION UNDER
THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION.
CONFIRMATION IS EXPRESSLY CONDITIONAL ON ASSENT TO THE TERMS STATED HEREIN.
read the entire form, shrugged, and continued to open the package. Even though
the Tree Sofa appeared to be in good working order, Derek was still
disappointed that it had not arrived prior to his competition.
has come to your office seeking advice regarding what claims, if any, he has
against HuntCorp. To properly advise Derek, you must answer the following
Was HuntCorp's failure to deliver the Tree Sofa prior to Derek's trip a breach
Will Derek be required to submit his claim to arbitration?
Under what circumstances, if any, will Derek be required to pay attorneys'