Question 1: Jason has operated a baseball card shop for the past 25 years. His lease is about to expire and he wishes to retire. In the past Zachary demonstrated an interest in acquiring Jason's inventory of 50,000 baseball cards. Jason sends the following letter to Zachery:
Dear Zachary:
I am planning to retire from the baseball card business in 30 days. I remember your interest in acquiring my inventory of 50,000 baseball cards. Accordingly I hereby offer this collection to you for $25,000. Please let me know if you have any interest.
Best Jason.
a. Zachary responds 60 days Iatter .by letter saying "Ok I will buy the cards for $25,000.
b. Zachary says the asking price is too much. I will pay you $22,000.
c. Jason dies 10 days after he sends the offer.
d. Jason's card shop burns down destroying the collection.
e. Jason rejects Zachary's offer of $22,000 at which time Zachary says OK I will pay the asking price of $25,000.
f. Smithson hears from a friend that Jason wishes to sell his baseball card collection further Smithson knows that Jason has accepted the offer of $25,000 from Zachary. Smithson now approaches Jason and offers him $30,000 which Jason Accepts.
Question 2:
a. Charlotte is visiting New York City. Knowing her way around the NYC transit system she often uses the subways. One day while she is riding the subway in NYC she is jostled by a passenger and as a result she falls and injuries her knee. The accident resulted in serious cuts that need stiches. What remedies might she have? Against whom? And what defenses might the potential defendants have?
b. Gruber owns a pristine example of a 1965 Mustang convertible. Dallas covets the car. Dallas meets up with Gruber and offers him $10,000 for the car which Gruber rejects. Dallas then pulls out a knife and says to Gruber the car or your life. Gruber complies and signs the title over to Dallas. What is the legal implication of the above? Instead of threatening Gruber's life Dallas threatens the life of a stranger standing by. What are the legal implications now? Before Gruber can do anything Dallas sells the car to Hussain 1(415,000. What are the legal implications?
Question 3: Jilt is a senior at New Mexico State University with a major in accountancy. She has been interviewing for a job after her graduation in Fall 2014. A local accounting firm made her the following offer: $60,000 to start and a $5000 bonus once you pass the various accountancy exams. She accepts the offer and cancels all of her previously scheduled interviews. Two months after the offer was made it is withdrawn. The reason given is that the accounting firms lost a major client and there for her services were no longer needed.
a. Does she have an action for fraud? Discuss the elements of fraud and whether they have all been met.
b. What other causes of action might she have? Discuss fully the elements of such cause of action.
Question 4: a. Harris owned a farm that was worth about $600. An acre. By false representation of fact, Harris induced Pringle to buy the farm at $1,500 an acre. Shortly after taking possession of the farm, Pringle discovered oil under the land. Harris, on learning this, sues to have the sale set aside on the ground it was voidable because of fraud. Result? Why?
b. Decedent, Joan Rivers, a bedridden, lonely woman, eighty six years old, owned outright Blackacre, her ancestral estate. Cheatham, her physician and friend, visited her weekly and was held in the highest regard by Joan. Joan was extremely fearful of pain and suffering and depended on Cheatham to ease her anxiety and pain. Several months before her death, Joan deeded Blackacre to Cheatham for $5,000. The fair market value of Blackacre at the time was $125,000. Joan was survived by two children and six grandchildren. Joan's children challenged the validity of the deed. What cause or causes of action might the children have against Cheatham? What are the elements of that cause of action?
Question 5: a. Nathan is run over by a car driven by Charlotte and is left lying in the street. Sam, seeing Nathan's helpless state, places him in his car for the purpose of taking him to the hospital. Sam drives negligently into a ditch, causing additional injury to Nathan. Discuss fully the legal ramifications of the case.
b. William Proxmire. A U>S> senator from Wisconsin, initiated the "Golden Fleece of the Month Award" to publicize what he believed to be wasteful government spending. The second of these awards was given to federal agencies that had for seven years funded Dr. Smith's research on stress level of animals. The award was made in a speech Proximire gave in the U.S. Senate; the text was also incorporated into an advance press release that was sent to 275 members of the national news media. Proxmire also referred to the research again in two subsequent newsletters sent to 100,000 constituents and during a television interview.
Assume the statements were false. What remedy does Dr. Smith have? What would be the elements of his cause of action?
Question 6: Discuss fully the legal implications of the following:
a. Albert's loan of $5,000 from a cousin has been discharged during Albert's bankruptcy. Albert is sorry that the loan was discharged and makes a new promise to a cousin that he repays the loan within one year.
b. Gregory, a senior student at New Mexico State University has been arrested possession and use of a controlled substance. The police let him go without charges. His father, upon hearing of the drug use makes the following offer;" Gregory if you are free of any controlled substance for the next year I will buy you a Mustang convertible.
c. Smith owes Jones $5,000 which is not in dispute and which is currently due. Smith says 1 have only $2500. Will you take it for satisfaction of the debt? Jones says Ok.
d. Sam and Charlotte are married. Charlotte works as a legal assistant at the Cheatham Law firm. Sam is a freshman at UNM medical school. Charlotte is supporting him financially during his period in medical school. Sam promises Charlotte that when he graduates medical school he will pay for her expenses at UNM law school. Charlotte pays all of Sam's medical school expenses. Sam has now graduated medical school and Charlotte has been accepted at UNM Law School. Unfortunately Sam is no longer interested in being married to Charlotte and there for refuses to pay for her Law School expenses.