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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 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 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 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, 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?     

Sociological Theory  Racism, Sexism, Social Class Inequality are related to ___________________. 

14. Dean offered to sell his show dog, Rover, to Tom for $10,000. In return for the $100 that Tom gave him, Dean handed Tom a signed written statement dated March 1. The statement included the terms of the offer and that Dean promised not to revoke for a period of 30 days. On March 10, Tom wrote to Dean and stated, “I cannot pay more than $8,000 for Rover. Please let me know if you want to go through with the sale for that amount.“  Dean did not respond to Tom’s March 10 letter. On March 15, Tom wrote another letter to Dean, stating “I haven’t heard from you. I can agree to buy Rover for $9,000. If you cannot accept that amount, I cannot go through with the deal.”  On March 18, after receiving Tom’s letter, Dean sold Rover to Jane.  Tom learned of the sale on March 24. On March 25, Tom wrote a third letter to Dean. This letter stated, “I accept your offer to sell Rover. Enclosed is my check for $10,000.” Tom’s power to accept Dean’s offer:

_________________ coined the term Sociology in 1838 to describe a new way of thinking. 

Sociological Theory  Trying to understand how children invent games on a playground or observing how pedestrians respond to homeless people they pass on the street is related to the ______________. 

9. Amy decided to redecorate her house and she hires Helen, a professional decorator. As part of the contract, Helen purchases furniture, window treatments, and other items for Amy’s home. Helen’s fee includes an hourly charge for the interior design services, as well as charges for the items that Helen purchased for Amy’s home.  The final charges are approximately $20,000 for Helen’s design services and $25,000 for the new furnishings for the home. Under the majority view, what is the controlling law?