unit 1

You purchase a 1973 Ford Pinto from a car dealership and the following week you receive a call from the National Guard who owns the last 1973 Ford Pinto that was stolen last week. You still have the car, and it has been sitting in your garage for eight months while you finish high school and prepare to go to college. Only then are you tracked down by the National Museum with the information that they own the car and that it is an exploding death trap that is only good for displaying. You attempt to take the car dealership and the salesperson to court based on the warranties provided in the UCC. Which warranties are still breached?

all of the above

You purchase a 1973 Ford Pinto from a car dealership, and the following week you receive a call from the National Guard who owns the last 1973 Ford Pinto ever built—that was stolen last week. The car is traced to you through the Secretary of State vehicle registration records, and you are informed that they are the true owners of the car and that the car is only good for viewing in a museum display in a secure and controlled environment. Which warranties did the seller breach?

all of the above

Katelyn dresses up as a vampire and wants to try out her scare tactics on her roommate, Joan, who has no idea about Katelyn's plans. Katelyn approaches Joan as she is sleeping and whispers menacingly, "I want to suck your blood!" Joan wakes up screaming and crying, terrified that there truly is a vampire in her room.

assault

Willy wants to play football with Jackie, but Jackie says, "No, thanks." Willy replies, "Aw, c'mon sport," and tosses the ball at Jackie's head. Jackie ducks and the ball hits Coach Stewart in the chin.

battery

You purchase a used car from a car dealership in order to move cross-country to go to college with everything that you own, including a tuba, a large iguana and its terrarium, and about twenty-five large boxes of personal items. The dealer promises that the car, a 1973 Ford Pinto, can do the job. You purchase the car and the dealership signs over the title to you. Once you get it home, you realize that not only is it way too small for your things, it is not fit for driving. Which warranties did the seller breach?

both the first and the third answers

Lacey gave her best friend, Portia, her silver heart necklace with a diamond, to wear to the Governor's Ball. Portia liked it so much that she decided to hold on to it for several more months.

conversion

Ralph is a loyal friend and lends Brandy his digital camera to film a family member's June wedding. Brandy has such a fun time filming the wedding that she decides to hold on to the camera and offer her services as a videographer the rest of the summer.

conversion

Jerome was "beyond upset" about his break-up with Geraldine. He wrote a mean blog entry about her that was read by his loyal followers. Though he tried to delete the entry, it was too late.

defamation

People under the age of eighteen are legally allowed to enter into contracts.

false

There are four basic models of contracting on the Internet: shrinkwrap, clickwrap, cursorwrap and browser wrap.

false

Gracie showed up at a new hair salon with her special color treatment coupon. A hairdresser named Bunny applied the color to Gracie's short hairdo and put her in a storage closet for "just 15 minutes" while the color set. Gracie has a fear of enclosed spaces and after 10 minutes began to feel panicky. After 40 minutes, Bunny had not returned. Gracie could not exit the room without setting off an emergency alarm. She shouted for help, and Bunny finally let her out.

false imprisonment

Skip worked after school at The Yogurt Hut. The Tuesday that Skip was working, three flavors were available, Coconut Surprise, Hawaiian Blue, and Vegas Vanilla. Luther, the school nerd, came in to buy a yogurt. Skip knew that Luther's face swelled up like a bowling ball if he ate anything with nuts. When Luther asked him about the ingredients, even though he knew better, Skip insisted there were no nuts, and that Luther just had to buy the Coconut Surprise (with the surprise being Macadamia nuts). Luther took a bite out of the yogurt and had an immediate reaction.

fraud

Identify the following as goods, services, or real estate. Your house is for sale: the customized floating shelves that you had installed in your room and that leave huge holes in the wall when removed.

goods

Identify the following as goods, services, or real estate: a lamp

goods

Cameron, an elementary school teacher, was heading home early one day, when he noticed a crazy high school student zooming by in a sports car, going at least 80 miles per hour and texting at the same time. Unfortunately, the multi-tasking student didn't notice the crosswalk up ahead, nor the elementary school kids crossing in it. He drove through a group of four kids, killing them instantly. Cameron has been in shock since this incident, and is relying on medication and therapy to get him through the day.

intentional infliction of emotion

In an oral agreement, Chris offers to sell Marcy his car for $13,000, but Marcy is confused and thinks Chris said $15,000. As they continue their negotiations, Chris becomes aware that Marcy thinks he said $15,000 instead of $13,000, and when Marcy agrees to pay the additional $2,000, Chris doesn't say anything. Is the contract going to be upheld?

no

Roger is a partner in a large law firm located in a region that was badly affected by the current recession. Thus, there are many applicants for its one opening for an associate. Steven has ten years of prior work experience in this area of law. Roger and Steven get along very well during the interview and Roger talks with Steven about the partner track. Steven was laid off in 2008 but had been making a yearly salary of $158,000 including bonuses. Roger offers Steven $38,000 to start—firm—with no option for negotiation. Steven accepts the position but then takes Roger to court claiming a defect in its formation. Will the contract be upheld?

no

You get a Facebook page and have entered into a clickwrap agreement with the company by "signing" an agreement to its terms of use and privacy policy. When you post pictures taken by a famous photographer from another Web site and Facebook removes them from your wall without your permission, can you file a lawsuit to post any pictures you want on your wall?

no

You get a new email account under a pseudonym. Your account will be used solely to transfer massive sums of money from your secret offshore bank account into your secret Swiss bank account because Switzerland allows for larger sums to be taxed at lower rates. When you are caught by the FBI, Interpol, and your parents, you want to sue Google for giving your real name to the authorities. Did you enter into an agreement with Google that can be upheld in court?

no

You go to see the local psychic and pay $50 for her promise to make you get straight A's in school on your next report card. She performs a series of incantations designed to make you smarter than your teachers in every subject and ensures you that you will get all A's. When you don't get all A's, but all F's (because you relied on the incantations and didn't study at all during the entire semester), you want to sue her. Is this an available remedy?

no

You want to sell your Wii because you received a PS3 for your birthday. You post an ad at school that says, "Wii for sale for $150. First come, first served. Inquire at this phone number." The school principal calls your number to ask if the Wii has been sold and then asks if you can lower the price by $25. Is this a valid acceptance of your offer?

no

You want to sell your Wii because you received a PS3 for your birthday. You post an ad at school that says, "Wii for sale for $150. First come, first served. Inquire at this phone number." The school principal calls your number to ask if the Wii has been sold and then asks if you can lower the price by $25. You reject the principal's request and hang up the phone immediately. Next, your friend from gym calls and says, "I accept your offer!" and you agree to sell the Wii to him. While you are wrapping up the contract as you both agree to the terms, the principal calls back and says, "I accept your offer!" Was the principal's original offer still available after you hung up the phone, and so are you required to sell the Wii to the principal?

no

You purchase a 1973 Ford Pinto from a car dealership, and the following week you receive a call from the National Guard who owns the last 1973 Ford Pinto ever made—that was stolen last week. You already sold the car to your cousin, because he offered you twice what you paid for the car. Now, you are the seller. Which warranties have been breached?

none of the above

Identify the following as goods, services, or real estate. Your yearly contract for your email account with Comcast.

service

Alex is an avid ornithologist and bird-watcher. He received a tweet from a colleague that the "pink-tufted warbler," a rare and exotic bird, was sighted only ten miles away from his workplace in a remote area. Disregarding the signs indicating "Private Road" and "Private Property", Alex drives to the site.

trespass to land

Libel is a hurtful remark in print and slander is a hurtful remark that is spoken in public.

true

The UCC deals with merchant - to - merchant transactions.

true

Typically, courts view contracts as the intentional agreement of individuals(person or corporation)who memorialize that intent in a written agreement.

true

You purchase a 1973 Ford Pinto from a car dealership and the following week you receive a call from the National Guard who owns the last 1973 Ford Pinto that was stolen last week. You still have the car, but the seller offered you the car "as is." Which warranties did the seller breach?

warranty title

Barbie offers to walk Gary's virtual dog every day for $1,000 a month. Gary accepts. After a few months of sending Barbie checks for $1,000, and noticing that they are cashed regularly, Gary wonders why his virtual dog is still just sitting there and sues Barbie. Will Gary win?

yes

Bernie, while intoxicated, jokes during a random conversation with Clay about a new company Clay wants to start. Each promises the other to put up $10,000 in the next week to get the company going. They write up their agreement on a napkin and sign it. When Clay meets up with Bernie the following week to get the $10,000, Bernie tells him that he was just kidding around and does not want to be a part of the new business. But Clay seeks to enforce the napkin contract. Will it be upheld?

yes

Betty has been in a nursing home for the past ten years. Her family visits her, but the visits have dwindled in the past few years, and Betty feels lonely. Her ninety-year-old roommate's twenty-something wife, Sonia, visits him once a week, but he has dementia and does not really participate in any conversations. Betty and Sonia strike up a friendship and visit with each other during Sonia's weekly, half-hour visits with her husband. After about three months, Sonia begins to talk to Betty about how Betty's family ignores her and does not remember her birthday, and never brings her grandchildren or great-grandchildren to visit her, and after a few months, Betty starts to get bitter. Then, Sonia begins to talk about how much fun she and Betty have together and how important they are to each other. After a few months, Betty begins to truly cherish Sonia as a friend and calls Sonia her "daughter." After three years, Betty starts to get dementia and calls Sonia by her real daughter's name, Sara. Betty gives "Sara" the key to her house and her safety deposit box, where Betty keeps valued family treasures and her own Last Will and Testament. Betty decides to change her will to leave absolutely everything she owns in real, personal, and liquid assets to "Sara" who requests Betty to "just write in the name Sonia," which Betty does. Betty's estate amounts to over $5 million. Betty passes away, and Betty's family contests the new will. Can Betty's family get the will rescinded?

yes

Betty has been in a nursing home for the past ten years. Jackie is one of Betty's nurses who administers Betty's medicine. Jackie forces Betty to sign over all of her assets by threatening alternately to withhold her heart medication, to not let her children up to see her, and to not bring her anything to eat. Betty signs over all of her assets to Jackie. When Betty dies, can Betty's family get the assets back by rescinding all the contracts signed by Betty in her last years?

yes

Darrell is interested in getting a puppy and goes to the local animal shelter. He finds a puppy that he likes and begins the process of making the purchase. Because they want to neuter the puppy, Darrell has to sign a contract and pay for the puppy and then leave the puppy there until Monday while the puppy is in surgery. When Darrell returns on Monday, he finds out that the puppy did not survive the surgery and died over the weekend. Darrell's heart is broken, but he wants to enforce the contract. Will he win?

yes

Darrell is interested in getting a puppy and goes to the local animal shelter. He finds a puppy that he likes and begins the process of making the purchase. Because they want to neuter the puppy, Darrell has to sign a contract and pay for the puppy and then leave the puppy there until Monday while the puppy is in surgery. When Darrell returns on Monday, he finds out that the puppy did not survive the surgery and died over the weekend. The animal shelter offers Darrell their only other available animal: a large black cat with big paws and a ferocious hiss. It has served as the animal shelter's guard cat for months, and is highly effective at scaring away intruders. Darrell was, in fact, in the market for a guard dog but agreed to take the black cat home. Darrell pays for the cat and signs a contract and is told to return on Monday when he can pick up his guard cat after it is neutered. Darrell picks up the cat and brings it home. However, after its neutering, the cat becomes very docile and now is just lazy and lies on its back in the sun, cleaning itself with its paws. Can Darrell rescind the contract?

yes

Darrell looks for a new guard pup online and finds one in Florida. He orders the pup and pays for it through Paypal, and he signs a clickwrap agreement that states that the seller must send the puppy by Friday. The seller puts the puppy on the plane, but the plane disappears in the Bermuda Triangle, never to be seen or heard from again. Can Darrell rescind the contract with the seller for a refund?

yes

Drew invites Beth to get in on the fantasy football league at work and says that there is a contract to sign. Beth reads the contract: it is titled in bold letters FANTASY FOOTBALL LEAGUE PARTICIPATION AGREEMENT and lists basic rules of participation listed in numbered paragraphs. Drew then brings Beth the contract to sign. It has the same title and the same number of paragraphs. Beth signs the contract. But instead of the contract that Beth read originally, Drew replaced it with a contract for Drew's new car and Beth signs it. Drew takes the new car, and Beth has the lender at her doorstep, asking her to pay the monthly payments. Can Beth get the contract rescinded?

yes

You bought a new game for your PS3, but when you opened the package and used the disk on your machine, it burned out your PS3 and destroyed it as well as creating power short-circuits in your house, which caused a small basement fire. Did you sign an agreement with the game maker that determines the game's warranty, place of jurisdiction, and other important terms?

yes

You bought a ticket to Lady Gaga's July concert at the local amphitheater. You didn't go to the concert because it was rained out. The ticket seller refused to refund your money and you want to sue the company. Did you sign a contract with the ticket seller?

yes

You want to buy a puppy. One of the kids at school has a dog that just had a litter of puppies. You ask her if you can get one of the puppies, specifying that you want a female, and that you will pay $100 for it. She says the puppies are selling for $1000 each and that the entire litter is male dogs. She is willing to sell the mother to you for $500. Are you the offeree in this negotiation?

yes

You want to sell your Wii because you received a PS3 for your birthday. You post an ad at school that says, "Wii for sale for $150. First come, first served. Inquire at this phone number." Is that offer valid?

yes

Your cousin borrowed family pictures to create a CD-ROM with everyone's photo on it for the price of $500. The cousin gave the pictures to another cousin, but you do not know which one and you cannot get them back. You want to take the first cousin to court and sue him for a return of your $500. Can you do this?

yes