1. Gardener had recently received a glowing review in the horticultural section of her town newspaper for a rare heirloom species of tea roses Gardener cultivated. The newspaper article suggested that readers go and view the species. Walker read the article and decided to pass by Gardener’s house and view the tea roses. While walking on the public sidewalk in front of Gardener’s house, Walker ventured close to admire a beautiful tea rose right near the sidewalk. For only an instant, Walker stepped off of the sidewalk and walked lightly onto the small area near the tea rose, in Gardener’s front yard. After viewing the rose, Walker quickly returned to the public sidewalk. Walker’s actions caused no harm to Gardener’s property. When Gardener later learned that Walker had stepped onto the garden area to admire the tea rose, Gardener brought an action against Walker for trespass to land. The court will most likely rule in favor of :A. Walker, because Walker caused no damage to Gardener’s land.B. Gardener, because Walker intended to step on Gardener’s land.C. Walker, because Walker read the newspaper article and could have reasonably believed that Gardener had given consent for Walker’s entry. D. Walker, because the entry was protected by the doctrine of private necessity for Walker to get close to a rare species of tea rose.
2. On February 1, Lumber Store Owner offered to sell 2,500 board feet of 8 x 10 lumber to Hardware Store Owner for $5,000. Lumber Store Owner gave Hardware Store Owner a signed writing which recited the offer and stated that Lumber Store Owner promised not to revoke the offer for a period of 100 days. On February 25, Lumber Store Owner sold the lumber to another buyer for a higher price. Hardware Store Owner wrote Lumber Store Owner on March 5, stating that, “I accept your offer to sell 2,500 board feet of 8 x 10 lumber, and please see attached a check for $5,000 as full payment for this purchase.” Lumber Store Owner wrote back that he could not sell the lumber to Hardware Store Owner because it had been sold on February 25 to another buyer.If Hardware Store Owner sues Lumber Store Owner, which of the following would a court be most likely to find?A. No contract was formed, because Lumber Store Owner was legally entitled on February 25 to sell the lumber for a better price to someone other than Hardware Store Owner because the stated period of irrevocability was too long. B. No contract was formed, because Hardware Store Owner did not pay any consideration to Lumber Store Owner to keep the offer open. C. A contract was formed, because Lumber Store Owner was not entitled to sell the lumber to another person without first checking with Hardware Store Owner to see if Hardware Store Owner intended to accept the offer during the 100-day stated period. D. A contract was formed, because Hardware Store Owner accepted the offer through his letter of March 5.
3. Abigail lived in City and regularly ran a couple of miles through the town. Sebastian lived in a house on the same block in City that Abigail ran past during her regular runs. Sebastian loved to play his electric drums loud in his garage. Sebastian knew that others might be disturbed by the noise, but he wanted to try to join a heavy metal rock band and he believed he needed to practice every day. Every single day, when she returned home, Abigail would soothe her ears with ointment. However, Abigail could still hear the Sebastian’s drumming even while sitting in her own home with all of the doors and windows closed. Abigail refused to change the route of her daily run. If Abigail brings suit against Sebastian for private nuisance, what would be the most likely result? A. Judgment for Abigail because she suffered from not being able to fully enjoy her daily run. B. Judgment for Sebastian, because Abigail could have changed the route of her daily run. C. Judgment for Abigail, because Sebastian knowingly played his drums loud while knowing that others might be disturbed. D. Judgment for Sebastian, unless Sebastian’s drum playing was substantially unreasonable interference with her use and enjoyment of her home.
4. Bob offered to sell a specified quantity of goods to Tom for a price of $750. Tom accepted the offer, and sent a $750 check to Bob. Tom also sent a letter to Bob to confirm the agreement, stating that his acceptance was conditioned upon Bob adding an item to the order that Tom wanted. Bob did not want to add the item, and he (Bob) immediately sent a letter to Tom to this effect, returning Tom’s $750 check uncashed. What fact, if shown to be true, would best support Bob’s contention that a valid contract was not formed? A. That Bob objected immediately and returned Tom’s check after receipt of Tom’s letter. B. That Tom and Bob were both merchants. C. That the new item altered the agreement. D. That the offer was not ironclad.
5. Donna was the manager of a large department store. As manager, she had to go to many area meetings held out-of-state, for which she was provided a company car. Donna had run up significant personal debts, and was looking for ways to pay off her debts. On one of her trips out-ofstate, she sold the company car for cash to Hugh. Before Hugh bought the car, Donna intentionally lied to Hugh about the actual value and ownership of the car, stating that it was worth $5,000 more than it actually was, and stating that she owned the car when her company actually did. Hugh, because he believed Donna when she informed him of the false value of the car, bought the car for the additional amount. Donna used the money given to her by Hugh to pay off her debts. If criminal charges are bought against Donna in a common law jurisdiction, what charges are the most likely?A. Larceny and embezzlement. B. False pretenses and larceny.C. Larceny by trick and embezzlement. D. Embezzlement and false pretenses.
6. Sebastian and Bart were close friends. Bart owned a sports memorabilia shop, and his shop was right next door to his house. One day, a mint condition 1923 baseball card of a famous player was sold to Bart. Bart knew that Sebastian had wanted the card for a long time, but he (Bart) wanted to keep the baseball card for his own personal collection. Sebastian became enraged when he found out that Bart would not sell him the baseball card. Sebastian was so angry that he decided to punish Bart by setting fire to boxes of other, less valuable cards in Bart’s shop. One night, Sebastian entered Bart’s store and set fire to five large boxes of cards. The fire spread, causing considerable damage to the structure of Bart’s store. If Sebastian is charged with common law arson, what is the probable result? A. Sebastian is guilty, because the fire caused considerable damage to the structure of the store. B. Sebastian is not guilty, because he did not intentionally burn the dwelling house of another. C. Sebastian is guilty, because he acted with wanton and willful misconduct in setting the boxes on fire, which would satisfy the malice requirement for arson. D. Sebastian is not guilty, because Sebastian’s anger was caused by Bart’s unreasonable refusal to sell Sebastian the priceless baseball card.
7. Fisher took the day off from work to go fishing. However, as the sun set over a nearby hillside, he suddenly realized that the day of relishing the wonders of nature had worn him out. He decided that he was too tired to drive the two hours to his home in town. He remembered, however, that his friend, Wealthy, owned a beautiful house within a short drive from where he was fishing. When Fisher arrived at Wealthy’s house, there was no answer to the doorbell and even though night had fallen, no lights were on. Wanting only a place to sleep in comfort, Fisher found a closed, but unlocked, window on the first floor, quietly opened it, and stepped through. When he turned on the light, he noticed that above the hardwood mantle of the fireplace hung a priceless painting. He knew that selling such a painting would make him rich, and allow him to fish all he wanted. So, with the intent to take the priceless painting and then sell it, he expertly removed the painting from its hanging place and took it out to his car, whereupon he placed it in his car and proceeded to drive away. The police later arrested Fisher and charged him with common law burglary. What result?A. Not guilty, because he Fisher did not “break” anything in order to enter the house. B. Guilty, but only if Wealthy’s house was his place of permanent residence, and not merely a vacation home.C. Guilty, because Fisher’s taking of the priceless painting constituted a felony committed at night, after a breaking and entering of the dwelling house of another. D. Not guilty, because his sole original intent was to find a comfortable place to sleep.
8. Nancy decided to steal Wilma’s new stereo system. Nancy convinced Zoe to actually commit the theft and they both discussed their criminal plan. The plan was for Zoe to go to a party at Nancy’s, and, as the guests were leaving, take the stereo system. However, things did not go as planned, and Zoe did not take the stereo system because Wilma had it playing while the guests were leaving. The next day, Zoe informed Nancy that Zoe would not be a part of the plan any longer. Nancy then went to Wilma’s house by herself, and took the stereo with the intent to keep if for herself permanently. If Nancy is prosecuted for conspiracy in a common law jurisdiction, the verdict should be which of the following? A. Nancy is not guilty of conspiracy, because Nancy acted by herself in taking Wilma’s stereo system. B. Nancy is not guilty of conspiracy, because the criminal scheme was for Zoe to commit the larceny ,not Nancy. C. Nancy is guilty of conspiracy, because she agreed with Zoe to commit a larceny. D. Nancy is guilty of conspiracy, because she committed a larceny after asking someone else to assist her.
9. Dexter hated his neighbor Elmer because Elmer always teased Dexter’s friend, Wally, about Wally’s speech impediment. One day, with the intent to stand up for Wally, who was not present, Dexter tried to trip Elmer by hitting Elmer in the back of Elmer’s knees with an eight foot length of lumber.However, just in time, Elmer jumped out of the way, and Dexter actually hit Morton, Elmer’sfriend, in the back of Morton’s knees. Morton fell, and was injured in the fall.If Morton brings suit against Dexter for battery, what is the most likely result? A. Judgment for Dexter, because he intended to hitElmer with the piece of lumber, not Morton.B. Judgment for Morton, because he was hit in theback of his knees with a piece of lumber swung byDexter.C. Judgment for Dexter, because he was acting in the defense of his friend Wally.D. Judgment for Morton, because he was Elmer’s friend.
10. Opal was a reader. She had just finished reading Travels with Charley by John Steinbeck, and got the travel bug. Having no car herself, she asked her friend, Phineas, if she could borrow one of his two cars for a cross-country trip. Phine asagreed to let Opal take his car on a five-day excursion, which they both planned ahead of time.Phineas told Opal to return the car by 6 PM on thefifth day. While she was on her excursion, Opalread Jack Kerouac’s On the Road. The characternamed Dean Moriarty, and his devil-may-careattitude, really appealed to her. She decided thatshe would like to take a joy ride, and proceeded toextend her trip from five days to ten days, without talking to Phineas about a revision of travel plans.On the ninth day, while Opal was driving on bumpy country roads, the right axle assembly of the carwas damaged. After Opal returned the car to Phineas at the end of the tenth day, he took the carinto his mechanic to repair the right axle, at a costof $1,250. The fair market value of the car at thetime Opal drove it was $5,000.If Phineas brings an appropriate action against Opal,what is the most likely result, and why?A. Opal is not liable for trespass to chattels, because she did not intend to cause any damage to the carand always intended to return it to Phinneas.B. Opal is liable for conversion, if the court decidesthat she exercised dominion and control over the caron days six through ten of her trip.C. Opal is liable for trespass to chattels, because she intended only to be joy riding on days six throughten.D. Opal is liable for trespass to chattels, and mustpay for the entire cost of the car.
11. Construction Worker placed a bid on putting a wheel chair access ramp for Recreation Center’s front entrance in compliance with applicable building codes. Construction Worker calculated her design and submitted a $1,500 bid for thewheelchair access ramp. Unknown to ConstructionWorker, her bid mistakenly included a designspecification for a ramp at 40 degrees pitch.Recreation Center looked at Construction Worker’s plans and bid. Recreation Center realized that the pitch needed to be at twenty degrees or lower tocomply with building codes, but they were glad to get such a low bid. Construction Worker’s bid of $1,500 was accepted by Recreation Center, and she(Construction Worker) was awarded the contract to build the ramp. Later, Construction Worker realized that her bid included the 40 degree pitch design specification. According to building code guidelines, the slope of the ramp could not exceed twenty degrees. Such a change in slope required not only significantly more materials, but also amajor change in the construction plans. The extra materials and change in plans would cost Construction Worker an extra $1,000. Construction Worker told Recreation Center she would refuse to build the ramp unless she was paid the extra $1,000.If Recreation Center declines to pay the extra$1,000, and sues Construction Worker for breach of contract, in most jurisdictions the court will find for which party? A. Construction Worker, because Recreation Center was aware of the actual slope needed for wheel chair access ramps. B. Recreation Center, because Construction Worker accepted the responsibility of submitting her own bid. C. Construction Worker, because there was a mutual mistake. D. Recreation Center, because they were not mistaken about the required slope.
12. Laura and Stu were known drug dealers. One day, Stu asked Laura if Laura would sell him a supply of illegal drugs because Stu’s regular supplier had not been providing Stu with the amount of drugs that Stu wanted. Laura agreed to sell Stu $5,000 worth of illegal drugs, and Laura and Stu both signed a written contract to this effect. Also, Stu gave $250 to Laura in consideration of Laura expediting the delivery of the drugs from her standard delivery period of seven days, to two days. Laura did not give the illegal drugs to Stu after two days. Stu requested that Laura return the $250, but Laura refused to give back to Stu the $250 that Stuhad given Laura in consideration. If Stu brings an action against Laura to recover the$250, what is the most probable result? A. Judgment for Laura, if it was impossible fo rLaura to get the drugs in so short a time period.B. Judgment for Laura, because under the doctrine of illegality when there has been performance underan illegal bargain, the court will leave the parties where it finds them.C. Judgment for Stu, because there was a valid offer, acceptance and consideration for proper common law contract formation and the defense of illegality is not available to a party who is in paridelecto with the defendant. D. Judgment for Stu, if he relied to his detriment on the offer from Laura by promising others that hewould sell them illegal drugs that he received from Laura.
13. Thomas shot and killed Burt, and Thomas was initially charged with murder. Under which of the following scenarios is it most probable that Thomas could reduce his charge to voluntary manslaughter because of the nature of the killing?A. Thomas shot and killed Burt while Thomas was defending himself from a deadly attack that Burt initiated.B. Thomas shot and killed Burt immediately afterBurt had offended him strongly. C. Thomas shot and killed Burt as Burt was running away after having just committed an armed robbery of a liquor store. D. Thomas shot and killed Burt because Thomas was defending a friend from a deadly attack byBurt.
14. Louis asked Stevenson for the use of his motorized scooter so that Louis could attend an outside art show without having to deal with all of the automobile traffic. Stevenson agreed the Louis could use the scooter to attend the art show, but that he must return the scooter by 2 PM. Louis returned the scooter by 2 PM. However, the scooter was damaged earlier in the day when Louis had driven the scooter across the street from the art show to grab a meal. As he was eating, another scooter banged into Stevenson’s scooter, causing $10 of damage to the $150 scooter. Stevenson brings an appropriate suit against Louis .Which of the following is the most likely result? A. Louis is liable for trespass to chattel and shouldpay the full price of $150 for the scooter .B. Louis is liable for conversion and should pay the full price of $150 for the scooter. C. Louis is not liable for trespass to chattel or conversion, because going across the street to grab ameal was only a minor deviation from the consent given by Stevenson’s. Louis is liable for trespass to chattel and should pay damages in the amount of $10, because the scooter was damaged while under his dominion and control.
15. Seller was a respected businessman who decided to sell his personal motorcycle, which had a bad engine of which Seller was well aware. Seller intentionally told Buyer that the motorcycle and its engine were both in great shape, so that Seller could get more money for the motorcycle. The worth ofthe motorcycle with the bad engine was $2,500.Seller offered the motorcycle to Buyer for $5,000.Because Buyer believed the statements by Seller that the engine was in great shape, Buyer bought the motorcycle for $5,000. Buyer never took the motorcycle for a test drive. Had he known that the motorcycle engine was in bad shape, Buyer never would have bought the motorcycle. If Buyer later brings an action against Seller for misrepresentation, which one of the following facts will be the least important? A. Seller knew that the statements he made to Buyer were false. B. Buyer never took the motorcycle for a test drive. C. Seller could have reasonably sold the motor cycle for $2,500, but not for a higher price. D. Buyer reasonably believed that the Seller’s statements regarding the engine were true.
16. Imma decided to expand her bakery, so she made an offer to Sarah for Sarah to construct the expansion. They subsequently entered into a written contract on July 15. The contract stated that Sarah would start construction by September 1 andfinish by November 15. The contract also statedthat time was of the essence, because Imma hadalready contracted out with other suppliers todeliver additional bakery supplies to her bakery byNovember 15 so that Imma could provide moreholiday bakery items. Thus, if the expansion of thebakery was not complete by November 15, Immawould lose a significant amount of money everysingle day until it was completed. On August 1,Sarah notified Imma that Sarah had taken on toomany projects, and that Sarah would not be able tostart work on the bakery expansion until September20, and would not be able to finish until December15. On August 20, without informing Sarah, Immahired a new contractor to start and complete theproject under the aforementioned contractual dates.On September 1, after readjusting her schedule sothat she could start and finish on time, Sarahshowed up to work on the expansion of the bakery.However, Imma refused to let Sarah work.If Imma brings a cause of action for breach of contract against Sarah, who will prevail?A. Imma, because Sarah notified Imma that Sarah would not be able to finish the expansion of thebakery on time, and she (Sarah) did not cure within a reasonable amount of time.B. Imma, because she was the party who made the original offer.C. Sarah, because she was ready, willing and able totender performance on the contractually specifieddate and Imma wrongfully prevented Sarah’sperformance.D. Sarah, because she was not notified that anothercontractor had been hired by Imma to construct theexpansion of the bakery.
17. Home Owner contracted with Builder for Builder to build a vacation home. The home was to cost $125,000 to build. A day before the work was due to begin, Builder won the lottery. She called Home Owner and said that she (Builder) did notneed the money from the construction projectanymore, and that she would not honor the contractby doing any construction work. Home Owner wasable to find someone else to begin and complete thebuilding of the vacation home at a cost of $150,000.If it is shown that Builder breached the contract,what damages could Home Owner expect toreceive?A. The cost of completion minus the contract price,or $25,000.B. The difference between the market value of thevacation home as completed and the contract price.C. The market value of the vacation home, pluspunitive damages against Builder for refusing tostart the job without any legal justification.D. The cost of the original contract, or $125,000.
18. Buyer agreed to buy a 1985 Harley-Davidson motorcycle from Dealer for $12,500, with the express condition that Buyer’s mechanic must first inspect the motorcycle to make sure it was in prime working order. Buyer’s mechanic was out-of-stateat the time, and was not due to return for some time.Buyer could have paid to have Buyer’s mechanicreturn early, but it would cost a considerableamount of money to do so. Buyer really wanted themotorcycle, so Buyer contacted Dealer, and Buyer stated that Buyer would buy the motorcycle withoutthe motorcycle first being inspected by Buyer’smechanic. Buyer later decided not to buy themotorcycle.Is Buyer under an obligation to buy the motorcyclefrom Dealer?A. No, because Buyer’s mechanic was not due toreturn for an extended period of time.B. No, because Buyer would have been causedundue hardship if Buyer had to have Buyer’smechanic return from out of state early to satisfy theexpress condition precedent.C. Yes, because it would have been unconscionablefor Buyer to agree to buy the motorcycle, and thenrenege on the agreement.D. Yes, because Buyer waived the expresscondition regarding inspection of the motorcycle.
19. Hiker decided to go on a wilderness survival adventure trip, organized by Wilderness Adventures. Before the trip, Instructor, who worked for Wilderness Adventures, gave Hiker and the other participants in the adventure trip intensiveinstruction in wilderness survival. During the actualadventure trip, while Hiker was carefully walking, Hiker nevertheless fell into quicksand and began sinking. Instructor saw Hiker, and Instructor encouraged Hiker to use the special technique Hiker had been taught by Instructor to extricate himselffrom the quicksand. Instructor then went back tocheck on the rest of the group. When Instructorreturned to Hiker, Instructor found that Hiker hadsunk to his death in the quicksand.If Instructor is prosecuted for the criminal homicideof Hiker, the jury should find him:A. Not guilty, because there is no general duty torescue someone in a perilous situation.B. Guilty, because Instructor had a duty to helprescue Hiker.C. Not guilty, because Instructor was responsiblefor the group as a whole, not just for Hiker.D. Guilty, because a reasonable person would havestayed to make sure Hiker safely extricated himselffrom the quicksand.
20. Larry and Moe reached the summit of mountain on a fairly difficult hike, which they were reliant upon each other to complete. After they surveyed the beautiful panoramic view for a few minutes, Moe, because he had a dinner engagementhe did not want to be late for, told Larry that theyneeded to leave. Larry, however, wanted toexperience the exhilaration of the summit view for alonger time, and continued to sit and admire theview. Fearing that he (Moe) would be late fordinner, Moe sternly rebuked Larry, by yelling, “If Iwere not a religious man, I would strike you acrossyour skull with the metal portion of my backpack!”Larry, fearful of being struck after hearing thewords from Moe, immediately stood up, and starteddescending the mountain with Moe.Later, Larry brought suit against Moe for assault.What result?A. Judgment for Larry, because he was in legitimateand immediate fear of being physically hurt due tothe harsh words from Moe.B. Judgment for Moe, if Larry knew that Moe tookhis (Moe’s) religious views seriously.C. Judgment for Larry, if Moe was carrying abackpack with metal as part of its makeup, becausethen Moe would have had the apparent ability tocarry out the threat of striking Larry in the headwith the metal portion of the backpack.D. Judgment for Moe, because he was acting in hisown self-defense when he issued the harsh words atLarry.
21. Stephie and Therese liked to target shoot with bows and arrows, and they were excellent markswomen. The arrows they used were razor sharp. One day, for fun, Stephie asked Therese if Therese would stand in front on the bull’s eye target, which was ten feet in diameter. Thereseassented, and Stephie then shot arrows that missed Stephie by three to five feet, but still hit the target. They then changed sides, with Therese shooting thearrows, and Stephie standing in front of the bull’seye target. Neither of them was concerned abouthitting the other with an arrow, as they were both very careful and competent markswomen. Beforeone attempted shot by Stephie, however, Therese turned to the side to tie her shoes, without realizingthat Stephie was just releasing an arrow. The arrowstruck Therese in the heart, killing her instantly.A court would most likely conclude which of the following?A. That Stephie is guilty of murder, because shooting arrows at another person is inherently verydangerous behavior.B. That Stephie is guilty of voluntary mans laughter, because shooting arrows at someone inherentlycauses a high level of duress for the party shooting the arrows. C. That Stephie is not guilty of murder, because shedid not intend to harm or seriously injure Therese. That Stephie is not guilty of voluntary mans laughter, because the fact that Therese bentover to tie her shoes was an unforeseen interveningevent.
22. Muriel was the coach of a ski team, and was driving home from a skiing competition with four members of her team. Near nightfall, a winter Noreaster’ blizzard storm hit, reducing visibility to fifty yards, at most. The storm was unexpected, so plows were slow to respond. Muriel realized that they would be unable to continue driving home until the snowfall lessened. Then the heating unit of the car failed, and Muriel and the ski team were in realdanger of freezing in the blizzard conditions.Luckily, Muriel spotted a small cabin along the sideof the road. She pulled over, and finding it closedand locked, Muriel shattered the window of thefront door with a piece of firewood. Then, she firedup the pot-bellied stove and gathered the teammembers around it to warm up. The next day,Orville, the cabin owner, arrived and found Murieland the team members sleeping on the warm floor.The weather had cleared, the roads were plowed,and there was a large town within ten miles. Murielrefused to leave, stating that the heating unit in hercar was inoperable, and she did not want to risk thesafety of the ski team members.If Orville brings a claim of trespass to land againstMuriel, what is the probable result?A. Muriel is liable of trespass to land, because sheintentionally entered and remained on the propertyof Orville.B. Muriel is not liable of trespass to land, becauseshe can effectively use the defense of publicnecessity.C. Muriel is liable of trespass to land, if she wasnegligent in caring for the heating unit in her car.D. Muriel is not liable of trespass to land, becauseshe was acting in defense of others in trying toprotect the members of the ski team.
23. Ice Fisher was out on a Northern mountain lake, ice fishing. As he walked back along the frozen lake, he grew tired and saw a large rock sticking up out of the ice, which he decided to sit on. However, as he was about to sit on the rock, theice below him gave way, and he had to scramble tomake it onto the rock without falling into the frigidwater. It turns out that heat from the sun hadwarmed the rock, which in turn had melted thesurrounding ice. Ice Fisher then called theauthorities on his cell phone to help him. Hunterthen walked by and saw Ice Fisher. Hunter decidedto try and help Ice Fisher, and Hunter convinced IceFisher to slowly make his way off of the rock at apoint where the ice seemed the strongest. Ice Fisherdid as Hunter suggested, but the ice gave way, andIce Fisher plunged into the icy water. Ice Fisherwas able to scramble back onto the rock. Hunter,having no other ideas to help, was soon on his way.When the authorities arrived to assist Ice Fisher,they found that he had frozen to death because ofthe plunge into the icy waters.If Hunter is prosecuted for the criminal homicide ofIce Fisher, the jury should find him:A. Guilty, because he violated the general duty tocome to the aid of another person in peril.B. Guilty, because his aborted rescue attempt leftIce Fisher in a worse position than before Hunteracted.C. Not guilty, because he had no legal duty to aidIce Fisher.D. Not guilty, because he had no intent to harm IceFisher.
24. Miller was exhausted from working double shifts at his job during peak season as an accountant. He visited his friend Smith at Smith’s one-bedroom apartment, in order to relax a bit. Smith knew of Miller’s current work schedule, andwas concerned that Miller might be jeopardizing hishealth by working so much. As they watched a ballgame and talked, Miller fell asleep. It was earlyevening, and Smith knew that if Miller woke upsoon, he (Miller) would go back to work. However,Smith had a dinner engagement he needed to attend.Therefore, so as not to wake Miller, Smithintentionally left his apartment quietly to attend hisdinner engagement. Upon leaving, Smith armed hissophisticated security system throughout hisapartment, thereby locking all door and windowsand preventing anyone from entering or leaving theapartment without the appropriate code to disarmthe system. When Smith returned from the dinnerengagement, he disarmed the security system, andopened his door. As he walked through the door, heverbally greeted Miller, who had slept continuouslysince he had originally fallen asleep earlier in theevening. Smith related to Miller the events of theevening, at which Miller became very upset that hehad missed a night’s work and had thus lost wages.If Miller brings an action against Smith for falseimprisonment, who will prevail?A. Miller, because Smith intentionally causedMiller to be confined within a bounded area.B. Miller, because he missed work because ofSmith’s actions and suffered damages from lostwages.C. Smith, because Miller was not aware of hisconfinement during the time period he was actuallyconfined.D. Smith, because he only intended to help hisfriend.
25. Peter and Dexter were friends who commonly went hiking together in Acadia National Park, in Maine. They especially like to do what they called “bouldering,” or jumping from large rock to rock along the trails. On one of their hikes, Petersuccessfully navigated an especially large expansebetween boulders with a heroic leap. Peter wentback to the rock he had leapt from, kissed it, anddared Dexter to complete the same feat. Dexterdeclined, and sat on the ground as an expression ofhis certitude that he would not risk injury byattempting such a long jump. Peter, though, stillexcited about his own success, continued to verballygoad Peter for fifteen minutes to attempt the jump.Then, Dexter suddenly jumped to his feet, and withthe intent to stop the verbal haranguing by Peter,kicked Peter in his left shin with a steel-toed hikingboot. Dexter kicked Peter with enough force tobreak Peter’s leg.If Peter brings suit against Dexter for battery, whatis the most likely result?A. Dexter is not liable, because he acted in selfdefenseto stop what he reasonably believed to beharmful harassment from Peter.B. Dexter is not liable, because he reasonablybelieved that he could not successfully completewhat he reasonably thought was a dangerous jump.C. Dexter is liable, because he should haveattempted the jump instead of kicking Peter.D. Dexter is liable, because his use of force against Peter was unreasonable under the circumstances.
26. Franklin and Jefferson were large, vital and active men in their 20’s. They were also friends. However, Franklin’s pranks and practical jokes were wearing thin on Jefferson. One day, when Franklin visited Jefferson at Jefferson’s house, hefound Jefferson sleeping on a backyard loungechair. Quickly, Franklin visited the neighborhoodnovelty store, and brought some kite string and fakehandcuffs. When he returned to Jefferson’s house,Jefferson was still sleeping. Franklin thenproceeded to bind Jefferson’s hands to the loungewith the flimsy fake plastic handcuffs, and to tieJefferson’s feet to the lounge with 4-5 circlings ofkite string around his ankles. Franklin then hid inthe nearby bushes. When Jefferson awoke, he wassurprised and upset to see that his hands and feetwere bound. He started crying and wailing, and feltmental anguish. At that moment, Franklin boundedfrom the bushes laughing hysterically. However, hequickly undid the fake handcuffs, and untied thekite string, thus freeing Jefferson’s hands and feet.Jefferson decided to bring suit against Franklin forfalse imprisonment. What result is most likely?A. Franklin is liable of false imprisonment, becausehe intentionally bound Jefferson to a restricted area.B. Franklin is liable of false imprisonment, becausehe directly caused Jefferson to incur mentalanguish.C. Franklin is not liable of false imprisonment,because Franklin immediately unbound Jeffersonafter Jefferson became aware that he was bound to arestricted area.D. Franklin is not liable of false imprisonment,because Jefferson was not bound without areasonable means of escape.
27. Hunting Guide agreed to take Greenhorn on a hunting expedition into a remote area of the Alaskan wilderness. Greenhorn orally agreed to pay Hunting Guide $1,000, for which Hunting Guide orally agreed to help Greenhorn successfullynavigate the treacherous terrain in Alaska forexactly seven days, from January 14 – 21. Theydictated the specifics of their agreement to CountryGrocer, who had a typewriter. After CountryGrocer typed the agreement, Hunting Guide andGreenhorn both signed the agreement. CountryGrocer, not a typist by nature, mis-typed $10 as theprice Greenhorn was to pay Hunting Guide, insteadof $1,000.If Greenhorn refused to pay more than $10 for thehunting expedition, in an action by Hunting Guidefor the additional $990, Hunting Guide should try toestablish that:A. There was a misunderstanding between HuntingGuide and Greenhorn concerning the purchaseprice.B. Country Grocer should pay the additional $990.C. The agreement was only a partial integration.D. There was a mistake in integration by CountryGrocer.
28. Home Owner asked Carpenter to build him a deck. Carpenter verbally agreed that she would useredwood lumber to build an 8-foot by 12-foot deck in Home Owner’s backyard. The work was to beginimmediately, with Carpenter finishing in threeweeks. Carpenter was to be paid $1,000 up frontfrom Home Owner, and $1,500 upon completion ofthe job. To verify the agreement, Home Ownerwrote the above facts on a piece of paper with apen, which they both signed. When Carpenterfinished her work, Home Owner paid the $1,500.However, Home Owner was upset that Carpenterdid not include steps from the edge of the deck tothe pool. Carpenter declined to put steps on thedeck, saying that she had completed the job as theyhad agreed.If Home Owner brings an action against Carpenter,what is the most important point that Home Ownershould bring to the court’s attention?A. That he (Home Owner) would have typed theagreement if he had had a typewriter.B. That the written agreement was only a partialintegration.C. That steps on an outside deck are not anexpectable item.D. That Home Owner told Carpenter on the tenthday to remember that he (Home Owner) expectedthat steps be included from the top of the deck tothe pool.
29. Cecelia orally promised Bart that if he would look after her cat for a week, she would buy him a special bicycle at Joseph’s Department Store. Bart promised to look after Cecelia’s cat, and they wrotethe agreement down and signed it. Bart then toldJoseph’s Department Store about the agreement he(Bart) had with Cecelia for a one-of-a-kind bicycleto be bought at Joseph’s Department Store.Joseph’s Department Store then placed the order forthe bicycle. A week after the special bicycle arrivedat Joseph’s Department Store, Bart notifiedJoseph’s Department Store that Cecelia never didgo out of town, they had rescinded their agreement,and therefore he (Bart) would not be purchasing thebicycle. Joseph’s Department Store could not sellthe bicycle to anyone else as Bart was quite tall, andthe bicycle was built to his height.If Joseph’s Department Store decides to bring suitagainst Cecelia, what is Joseph’s DepartmentStore’s best argument?A. As an incidental third party beneficiary, theyrelied to their detriment on the contract.B. As an intended third party beneficiary, theyrelied to their detriment on the contract and areentitled to damages.C. As an incidental third party beneficiary, theywere entitled to contractual damages after Ceceliaand Bart rescinded the contract.D. As an intended third party creditor beneficiary,they were entitled to contractual damages afterCecelia and Bart rescinded the contract.
30. One evening Doolittle, intending to steal priceless gems from his neighbor Murphy, picked the lock to Murphy’s residence, at night when Murphy was out at dinner. Doolittle then walked into the living room whereupon, when he lookedoutside, he spotted a sports car that he coveted. Heimmediately left the house without taking any ofMurphy possessions, and proceeded to hot-wireMurphy’s sports car, which he intended to take.Doolittle did, in fact, take the car home and park itin his driveway. The next day, Doolittle decidedthat he wanted cash instead of a car, and he sold thecar to a friend, Presby, for $2,000 cash, aftertelling Presby that the car belonged to him(Doolittle), but he did not want to make carpayments on it.If Doolittle is later charged with criminal activity ina common law jurisdiction, what are the propercharges?A. Larceny and embezzlement, but not falsepretenses and burglary.B. Larceny, burglary and false pretenses, but notembezzlement.C. Larceny and false pretenses, but not burglary andembezzlement.D. Larceny, burglary, false pretenses andembezzlement.
31. Art Museum contracted with Painter to exhibit new work of Painter’s. Both parties signed a written contract which stipulated that Painter would paint a new and original piece of work, for which Art Museum would pay Painter $7,500. Thecontract also stated that Painter was to deliver thepainting to Art Museum on or before January 15,for an art show to begin on January 20, and thecontract also stated that time was of the essencewithin the contract. Painter, through no fault of herown, was unable to acquire the special art materialsthat she needed to complete the painting by January15. However, Painter mailed a letter to ArtMuseum on January 12 which stated that Painterwould deliver the painting on January 18 andguaranteed the painting would be complete andproperly positioned for exhibition prior to the artshow. Art Museum did not respond to the letter. OnJanuary 18, Painter delivered the painting to ArtMuseum. Art Museum asserted the January 15delivery date and refused to accept the painting. ArtMuseum refused to pay Painter the $7,500.If Painter brings a breach of contract action againstArt Museum, what is the most probable result?A. Judgment for Art Museum, because the contractstipulated that time was of the essence.B. Judgment for Art Museum, because as a museumthey had a right to reject any art that they did not want to exhibit in the museum.C. Judgment for Painter, because Painter used alldue diligence to finish the painting on time, notified Museum, and was entitled to a reasonable time tocure.D. Judgment for Painter, because Art Museum wascaused no undue hardship, because the finished painting arrived two full days before the opening ofthe art show.
32. One day while out for a walk, Rita saw Swimmer out in a lake thrashing about and shouting for help. Rita pretended that she did not hear Swimmer, even though Rita was an excellent swimmer, and could easily have swum out to help Swimmer. Luckily, a passing boat was able torescue Swimmer, but only after Swimmer had ingested a significant amount of water into his lungs, causing personal injuries. Rita could easily have reached Swimmer, and brought him to shore, before Swimmer ingested any water. What duty of care did Rita owe Swimmer?A. A duty of reasonable care.B. No duty.C. No duty, but only because the passing boat was nearby. D. A duty to try extraordinary measures to help saveSwimmer.
33. Bessie was a milking cow that Farmer often took to fairs and other community events, where he would let youngsters learn the art of milking a cow for themselves. Farmer had been taking Bessie tosuch events for over five years, and Bessie wasalways calm and complacent when the childrenwould milk her. However, at the county fair,mischievous minded Sydney, a twenty-five yearold, decided to unseat one of the children, whenFarmer had stepped outside of the milking shed fora minute. Sydney repeatedly poked Bessie on herrear quarters with a sharp penknife. Before Farmerreturned, Bessie, upset from the painful poking,struck Sydney with a kick of her left rear hoof.Sydney was sent scurrying backward by the force ofthe kick from a 500-pound animal, and landed hardagainst the nearby wall, suffering injuries.If Sydney brings suit against Farmer in strictliability, what is the probable result?A. Judgment for Farmer, because Bessie had notkicked or otherwise hurt anyone else before.B. Judgment for Sydney, because Farmer wasnegligent in leaving the milking area.C. Judgment for Farmer, because Sydney was anadult and the milking activity was meant only forchildren.D. Judgment for Sydney, because the strength of a500-pound animal indicates that such an animal hasinherent dangerous propensities that could lead toan injury such as this.
34. Buyer decided to buy a standard model speedboat from Dealer. The cost of the speedboat was $25,000, and Buyer put down $1,000 inconsideration of Dealer selling Buyer the speedboat without the normal two weeks needed for delivery.However, later that day and after Buyer had given$1,000 to Dealer, Buyer told Dealer that he couldnot afford to buy the speedboat and asked for thereturn of the $1,000 down payment. Dealersubsequently sold the speedboat to another buyerfor $25,000 and has refused to return the $1,000 toBuyer.If Dealer sues Buyer for contract damages, what isthe most probable type of remedy that will beawarded by the court?A. No damages and Dealer must return Buyer’s$1,000.B. Incidental damages for any additional cost ofmaking the second sale to the other buyer.C. The standard measure of contract damages,which is the difference between the contract priceand the market price.D. Lost profits.
35. Finagle knew quite a bit about antiques, but he had no merchandise. His plan was to steal merchandise that he could sell at an upcoming area antique show. To get his first merchandise, he went to Smith’s antique shop. While Smith was in the storeroom, Finagle walked out of the store with an armload of merchandise. He kept this merchandise until the antique show. At the antique show, Finagle knowingly lied when he told Jones that a $5silver picture frame was really a $500 item. Jones was convinced by Finagle, and based on Finagle’ false statements, Jones gave Finagle $500 inexchange for the picture frame. Later, Finagle was arrested and charged with burglary, larceny,embezzlement and false pretenses.At court, his charges were correctly reduced. Thejurisdiction follows the common law. What are thecorrect charges?A. Burglary and larceny.B. Larceny and false pretenses.C. False pretenses and embezzlement.D. Burglary, larceny and false pretenses.