19. Pam, a 16-year-old, wanted to purchase a motorcycle. She…

19. Pam, a 16-year-old, wanted to purchase a motorcycle. She went to Dan’s Cycle Shop and fell in love with a new model cycle named the Chick’s Cycle. Pam and Dan, the owner of the Cycle Shop, signed a purchase agreement that provided for Pam to pay the price of $1,000, with delivery within two weeks. A week after the purchase agreement was signed, the Chick’s Cycle was ready for delivery to Pam. However, Dan told Pam that he would not deliver the cycle to Pam, unless she could prove that she was over 18 years of age, or she found an adult to act as co-signer on the purchase agreement. If Pam asserts an action for breach of contract against Dan, the court should find for:

29. Base Electric Company (“Base”) has entered an agreement…

29. Base Electric Company (“Base”) has entered an agreement to buy its actual requirements of copper wiring for six months from the Seymour Metal Wire Company (“Seymour Metal”) and Seymour Metal has agreed to sell all the copper wiring Base will require for six months. The agreement between the two companies is:

10. Aaron is a motorcycle enthusiast who is always looking o…

10. Aaron is a motorcycle enthusiast who is always looking out for a good deal on a new bike. Ben owns a highly-coveted Harley brand motorcycle that he decides to sell. Ben posts an advertisement in a local bike shop stating, “I am thinking about selling my used Harley bike. Anyone willing to pay $5,000 for it?” Ben’s ad contained his address and telephone number. Aaron read Ben’s ad and left Ben a voicemail message that says, “Hello, this is Aaron. I just saw your ad in the bike shop. Yes, $5,000 is a good price for your bike that I am willing to pay. I am mailing my check to you today.” Has an offer been made?

ESSAY #2 (ONE HOUR) Rickie Woods Palmer (known to golf fans…

ESSAY #2 (ONE HOUR) Rickie Woods Palmer (known to golf fans everywhere as “Rickie the Ringer” or RWP), age 17, and a junior at Indio High School, is projected by many to become the greatest golfer ever. At the age of 17, every university with a nationally ranked golf program has attempted to recruit RWP, to no avail. In order to get a head start on his financial future, RWP enters into negotiations with Sky High Sports (“Sky-High”), a company that claims to specialize in athletic apparel, including sneakers, shorts, socks, and shirts. In its promotional materials, Sky-High claims to be “bigger than Nike is, ever was, or ever will be” (in reality, Sky-High was just incorporated a few days before it approached RWP, and it had sold no shoes or other apparel).  Impressed by this seemingly big corporation, RWP and his father, Arnold Nicklaus Woods, a one-time PGA tour player (having played for only one month in the PGA due to a career ending shoulder injury), entered into extensive negotiations with Sky-High. During the negotiations, Sky-High placed its best foot forward. Sky-High told RWP that some of the greatest golfers of all-time had been Sky-High clients (in fact, Sky-High had no such clients), and that it planned to immediately invest $10 million into a promotional campaign for RWP (Sky-High did not have that money). In addition, Sky-High told RWP that in the course of their “due diligence,” they had discovered where his girlfriend and her family lived, and if RWP left without signing the contract, they couldn’t “guarantee her safety,” and they “wouldn’t want to see anything tragic happen to her.”  His father then chimed in and said, “Son, if you don’t sign the contract and get this money for me, I will have no choice but to divorce your mother and put her in the street.”  At that point, Derrick Strongarm, CEO of Sky-High, placed a pen in RWP’s hand, and placed a contract in front of him. RWP signed the contract. Among other things, the contract called for Sky-High to receive “75% of RWP’s golf and endorsement earnings for life,” and should RWP ever seek to “avoid the contract for any reason,” the contract stated that he is “prohibited from playing golf for anyone, anywhere, and at any time.” 1. On his 18th birthday, RWP is offered a $100 million deal by Nike. What legal theories can RWP assert to avoid the Sky-High contract? Assume that common law applies. 2. Assume that RWP successfully avoids the contract. If Sky-High attempts to enjoin RWP “from playing golf for anyone, anywhere, and at any time,” who will prevail and why?

21. Sam and Tom entered into a one-year contract wherein Sam…

21. Sam and Tom entered into a one-year contract wherein Sam agreed to supply Tom with all of the paper goods that Tom needed for his restaurant on a monthly basis. Tom agreed not to purchase paper goods from any other supplier. The parties performed the contract for six months until Tom learned of another vendor who was able to supply paper goods for his restaurant at half the cost of his contract with Sam. Consequently, Tom told Sam that he no longer required any paper goods from Sam. If Tom asserts that the contract with Sam is not binding on him, will Tom prevail?

27. Sandra’s Aunt Bessie wanted to buy Sandra a beautiful ha…

27. Sandra’s Aunt Bessie wanted to buy Sandra a beautiful hat for Easter. Sandra didn’t really like to wear hats, but she wanted to please her Aunt. Aunt Bessie promised that if Sandra would accompany her and wear the hat to church on Easter Sunday, Aunt Bessie would reimburse Sandra for the cost of the hat. Sandra bought the hat for $250 and went with Aunt Bessie to church wearing the hat. Unfortunately, Aunt Bessie died shortly thereafter before she could reimburse Sandra. Aunt Bessie’s estate now refuses to reimburse Sandra. What legal theory would offer Sandra her best chance of success in court?

12. Mom sent to her son, Jeff, a letter on his 16th birthday…

12. Mom sent to her son, Jeff, a letter on his 16th birthday, while he was away at military school.  In the letter, Mom promised to give Jeff $150,000 for college, if he “stayed clear of girls and alcohol and drugs.” Jeff studiously stayed away from alcohol and drugs and girls until he graduated from military school. When Jeff called mom for the college money she had promised, Mom said, “I’ve been practicing yoga, it is life changing, and I have decided to open a yoga studio, so I need every penny. Sorry, but I cannot give you the money.” Jeff sued Mom for the $150,000. How should the court rule?