Author: Anonymous

Question 19 – dyslexia

Patrick (P) lives in Tustin, CA and has decided to purchase a motorcycle from David (D).  After talking on the phone, they agree to a purchase price of $10,000.  Since Patrick has never driven a motorcycle, David agrees to provide Patrick with 2 lessons as part of the contract.  Patrick asks David to “test drive” the motorcycle before taking possession or providing payment.  During the test drive, Patrick notices a steady stream of oil leaking from the motorcycle.  Patrick tells David he will not pay him until this is fixed.  Patrick gets so excited about the purchase, he goes to a store and buys a new helmet, an expensive jacket, and new leather boots to wear while riding it.  He believes the motorcycle will be perfect once it is fixed. The next day, David receives an offer for his motorcycle from another buyer for $15,000 as is.  David accepts this offer and delivers the motorcycle to the second buyer. Questions: Is there a legally enforceable contract between Patrick and David? Which law applies? Are there any defenses available to David? What, if any remedies are available?

Erin, an entrepreneur, opened a specialized business on her land. After using up most of her capital to purchase inventory, however, Erin needed more funds and asked her friend, Faye, for a $30,000 loan, to be secured by the business’s inventory. Faye declined the loan. Erin then told Faye she would convey the land, which had a fair market value of $100,000, to her if she would give her the loan at the current market rate of interest. Faye agreed, and Erin conveyed the land to Faye the next day. At that time, Faye gave Erin $30,000 in cash, and the parties orally agreed that Erin would pay Faye back at the rate of $1,000 per month, and that after the loan was paid in full, Faye would reconvey the land to Erin. Faye immediately recorded her deed to the land.Erin made three $1,000 payments to Faye and then paid no more. Erin continued to live on the land but, being very much in debt, could not repay the loan. Faye, meanwhile, had received an offer to buy the land for $100,000.Which of the following most accurately states Faye’s right to sell the property?

Dan owned a 240-acre parcel of land zoned for commercial and residential use. He prepared and recorded, after obtaining approval from all appropriate agencies, a subdivision plan that included a commercial center and a number of lots for single- and multi-family residences. The list of covenants, conditions, and restrictions recorded with the plan included provisions that required every building constructed in the subdivision to be of “simulated adobe style” architecture approved in advance by an association. A year later, Dan sold many of the lots in the commercial center, including several to a real estate firm. Each deed prepared by Dan contained a reference to the design restriction in the recorded plan. Dan also sold almost all of the residential lots, the deeds of which contained the same reference to the restriction. The following year, the real estate firm sold one of its lots to a burger franchise. The deed contained no reference to the design restriction. The franchise’s prefabricated restaurant, complete with a giant burger logo mounted on the roof, was constructed over the weekend.Mary, an original purchaser of one of the commercial lots, owned the lot next to the burger franchise. She did not learn of construction of the restaurant until she came in to work on Monday, and saw the giant burger logo. Mary brings an action seeking a mandatory injunction compelling the burger franchise to demolish the restaurant. At trial, Mary proves that the burger franchise did not seek or obtain approval of the association for its building.Should the court issue the injunction?

Logan owned a large parcel of land that he divided into two equal parcels. Thirty years ago, Logan deeded the eastern parcel to Pat by warranty deed, including an easement over the south twenty-five feet of the western parcel for access to the navigable river that ran along the westerly boundary of the western parcel. Logan acknowledged the deed and easement, and Pat recorded the document. The recording officer maintains an alphabetical grantor–grantee index, but no tract index.Pat made no use of the easement until five years ago, one year after Nate, her neighbor, had purchased the western parcel from Logan. Nate had paid at least market value for the western parcel and was not aware of Pat’s easement. Nate objected to Pat’s use of the easement shortly after she began using it, but Pat paid no attention. Pat had reasonable access to a public highway on the easterly boundary of the eastern parcel. Nate sues Pat to quiet his title and to restrain Pat from using the easement over the western parcel.If Pat is successful, what is the likely reason?

Infusions of morphine into the __________ can modify pleasure

For many years, Larry owned a parcel of land bordered on the west by a public road, and Larry’s neighbor, Nathan, owned a parcel of land located immediately to the east of that parcel. Nathan had an easement to cross the west parcel to enter the public road bordering it. Because Nathan’s east parcel is surrounded by swampland on the north, south, and east, the only route of ingress to and egress from that parcel over dry land passed through the west parcel. Subsequently, Nathan sold the east parcel to Larry, who proceeded to use both lots as a common tract. Last year, Larry sold the east parcel to Frida, his friend.Does Frida have an easement over Larry’s west parcel?

Activation of ________ neurons in the subfornical organ (SFO) promote water intake

Delbert owned an operated a jewelry store in a historic downtown area.  The jewelry store had highly polished hardwood floors.  One rainy day, Pablo entered the store and slipped and fell on the wet floor just inside the door to the jewelry store.  As a result of the fall, Pablo struck his back of his head on the hardwood floor.  The paramedics were called and transported Pablo to the local hospital.  After being admitted through the emergency room, Pablo was examined by doctors and prescribed a pain medication as he continued to complain of severe head pain.  Several hours later, however, Pablo’s headache was getting worse.  The doctors therefore decided to order a series of skull x-rays in an attempt to rule out a skull fracture.  Pablo was taken to radiology on a gurney for the x-rays.  A radiology technician named Sam came in to take the x-rays.  As Sam was attempting to position the gurney for the x-rays, Sam accidentally pulled the wrong lever on the gurney and dumped Pablo on to the floor of the x-ray room injuring Pablo’s left arm. Later, an independent witness was identified who is available to testify that the highly polished floors of the jewelry store were very slippery when wet, that it had been raining for hours prior to Pablo’s arrival at the jewelry store, that the floors inside the jewelry store were wet, and that Delbert had not dried the floors, placed any mats on the floor, and had not placed any warning signs or cones in the area where Pablo fell. Discuss fully a claim of negligence by Pablo against Delbert for the injuries to his head and left shoulder.  Remember to raise any distinctions between common law and modern law.

Brandon entered into a private sale with Seth to purchase his home for $300,000. The date for closing was not expressly stated in the written agreement, but Brandon knew Seth had taken a new job in another state, which was scheduled to begin three months from the date of the sales contract. After the sales contract was drafted, both parties reviewed the specific terms. Seth then handed the contract back to Brandon without signing it. Brandon did sign the document, then he set it aside. For the next ten weeks, Seth did not hear from Brandon. Seth attempted unsuccessfully to reach Brandon by phone on several occasions.The following week, Seth was approached by a third party who offered to pay him $350,000 for the house. Seth accepted the offer and sold the house.Brandon called Seth two days later, saying he was ready to deliver a cashier’s check for $300,000 and close the sale. When Seth informed him that the house had already been sold, Brandon brought suit against Seth for breach of contract.Will Brandon prevail in this action?