Question # 1: Neal, a twelve-year old boy, buys a pair of skis from Outdoor Outfitters (“OO”). He tells the salesperson that he has never been skiing but “he really wants to do it.” The OO salesperson urges Neal to take a lesson in the sport before participating in a run. Neal ignores this advice. On his first run down the intermediate slope he loses control and runs into a tree. He suffers a broken leg, assorted cuts and bruises and he has concussion symptoms. Neal’s parents file a lawsuit against OO alleging that it should not have sold the skis to him when he was clearly too young and inexperienced. Discuss the theory of liability upon which the lawsuit is based and what, if any, defenses OO may raise.
Question # 2:Don is an elderly man who lives with his nephew Evan. Don is dependent upon Evan for care. Evan advises Don to “invest” in Evan’s professional gambling venture. Evan tells Don that he will no longer provide care unless Don makes the investment. Don sells all of his stocks and bonds and signs a contract with Evan investing the proceeds of his sale of the stocks and bonds in Evan’s professional gambling venture. Can Don set aside the contract? If Don is successful in setting aside the contract, what remedy should he seek in addition to setting aside the contract?
Question # 3:In a transaction for the sale of a warehouse, Standard Storage Company, the seller, tells Tri-County Investment Corporation, the buyer, that the office furniture contained in the building is included in the sale. The written contract, which both parties sign, does not mention the office furniture. The contract contains a provision that reads as follows: “This document supersedes all oral promises relating to the sale.” Standard removes the office furniture from the warehouse and Tri-County claims a breach of the contract for sale. Is the furniture a part of the sale? Why or why not?
Question # 4:
A. While walking on the sidewalk next to Sue’s home, Keith sees a DVD player on a blanket spread out on the lawn near the sidewalk. After looking around to see if anyone can observe his conduct, Keith takes the DVD player back to his home and tells everyone that he owns it.
B. Sarah owns a new Samsung Galaxy S-6 Smart Phone. Nick, who is in desperate need of money to pay a gambling debt, sees Sarah using the Smart Phone and walks up to her. He takes a hunting knife out of his jacket and tells Sarah he will stab her with the knife unless she gives him the Smart Phone. Sarah surrenders the phone to Nick who runs away.
C. Fred knows that Amy owns a new desk top computer, printer and HD monitor. Fred also knows that Amy has set up a home office in the spare bedroom of her apartment where she keeps the new device. Fred breaks into Amy’s apartment while she is at work and takes the new desk top computer, printer and monitor. He sells Amy’s property to Frank.
In each case, one person has taken the property of another. Which of these acts are crimes? What must the prosecutor prove to establish the guilt of Keith, Nick and Fred?
Question # 5: Power Plus Battery Company (“PPBC”) has a production plant is located in Tampa, Florida. PPBC manufactures batteries for motor vehicles. PPBC has 200 employees and sells its batteries to customers in twenty five different states in the United States. The Occupational Safety and Health Administration (“OHSA”) is a federal administrative agency that has the authority to establish safety standards, pursuant to the authority delegated to it by the United States Congress in the Occupational Safety and Health Act. These safety standards, also known as safety rules or regulations, apply to different industrial operations that have at least fifty (50) employees and are engaged in interstate commerce. OSHA proposes a new safety standard governing the handling of certain acids in the workplace. The proposed safety standard includes acids that PPBC uses in its production processes. After reviewing the proposed rule, PPBC concludes that compliance with the proposed rule will substantially increase its production costs and the proposed rule will not significantly increase worker safety. PPBC sends a letter to OSHA stating its objections and concerns to the new rule. Enclosed with the letter are independent research reports and other materials that support PPBC’s objections to the proposed rule. What procedures must OSHA follow when it adopts a new safety standard such as this one? What obligation does OSHA have to consider the objections and the materials submitted by PPBC? What options does OSHA have regarding the proposed rule? How does OSHA announce its final decision on the new rule? Once the new rule has been adopted, what source may interested parties use to find the final version of the new rule?
