A contractor agreed to build a plant for a manufacturer for $5 million, with $1 million paid in advance and the balance to be paid upon completion of the project. The contract required the contractor to use lighting fixtures from a specific company. Inadvertently, the contractor installed fixtures from a different company. The installed fixtures are generally considered to be of a slightly better quality than the fixtures specified in the contract. The mistake was not discovered until the manufacturer did a final inspection of the building. As built, the plant is worth $10,000 more than it would have been worth had the specified fixtures been used. It would cost the contractor $100,000 to replace the fixtures with the ones specified in the contract. Because of a downturn in the economy, the manufacturer no longer wants to move into the new plant and refuses to pay the contractor because of the breach regarding the light fixtures.  If the contractor sues the manufacturer for breach of contract, which of the following doctrines will be most important to a court’s decision?

A high school graduate was asked by his elderly aunt to live with her in her large brownstone and attend to the household activities for the rest of her life, in exchange for the house. The graduate agreed, and moved from his parents’ home to the brownstone. For eight years, he attended to his aunt’s personal needs and maintained the household. No further discussion was ever had between the graduate and his aunt regarding conveyance of the brownstone.  Shortly after his aunt died, the graduate was contacted by the aunt’s estranged daughter, who stated that in the aunt’s last will and testament, she had devised the house to her. She sent proper notice to the graduate informing him that he must vacate the premises by the first of themonth.  If the graduate brings suit against the aunt’s estate for breach of contract, which of the following would be the graduate’s best argument?

Congress enacted a statute that purported to ban all discrimination against African-Americans in any commercial transaction taking place within the United States.  Would the statute most likely be held constitutional?

Congress passed legislation banning the hunting of snipe birds within the United States. The range of the snipe is quite limited; they are found primarily in only one state, although they migrate annually to several nearby states. Hunters from throughout the United States have traditionally traveled to the snipe’s home state during snipe hunting season, bringing considerable revenue into the state. A state statute allows hunting of snipe during a two-week period in November and charges a $50 license fee for state residents and a $250 fee for hunters from other states. The bag limit is one snipe bird per licensed hunter.  Is the state statute allowing snipe hunting valid?

Congress adopted legislation prohibiting the federal courts from ordering busing as a remedy for past racial discrimination in a public school district. Which of the following is the strongest argument that the federal legislation is unconstitutional?

A blacksmith ran a small forge in a tourist attraction depicting village life in the 1800s, and produced small metal trinkets for sale as souvenirs. A tourist came into the forge and started ridiculing the blacksmith, telling him that he was foolish for practicing such an out-of-date trade when modern equipment could produce the same trinkets faster and far more cheaply. Although he maintained a calm demeanor, the blacksmith was enraged by the time the customer finished and headed back out the door. He picked up an anvil and hurled it in the general direction of the customer. The anvil fell harmlessly to the ground after traveling maybe a foot.  If the blacksmith is charged with assault, which of the following statements would be most helpful for his defense?

A woman’s boyfriend came to her apartment with a mink coat in his arms and handed it to the woman. After the boyfriend told her that the coat was now hers, the woman asked him where he got the coat. The boyfriend answered, “From the Easter Bunny.” After the boyfriend left, she tried on the coat and admired how good it looked on her in the mirror. The next day, the woman read in the newspaper that the home of a well-known socialite had been burglarized the night before. Among the missing items, according to the paper, was a mink coat. The woman took the coat from the closet and rifled through the pockets. She found a handkerchief with the monogram matching the initials of the well-known socialite. The woman decided to keep the fur coat, thinking to herself that the socialite could probably afford to buy another coat.  Which of the following best describes the crime or crimes, if any, the woman has committed?

An automobile manufacturer entered into a contract with a well-known tire distributor. The contract provided that the distributor would deliver to the automobile manufacturer 1,000 tires on the 15th of each month for $50,000 per shipment, with payment due upon receipt.  The automobile manufacturer and the tire distributor properly fulfilled their contractual obligations for two months. The day after the third tire delivery, the tire distributor’s president visited the automobile manufacturer and found the automobiles produced with his company’s tires to be a “disgrace.” To protect the tire distributor’s reputation, the president announced that he will not send any additional tire shipments. The automobile manufacturer immediately brought a breach of contract action against the tire distributor. Which party is likely to prevail in the breach of contract suit?

An employee of the United States Department of Labor was instructed by his superior to solicit subscriptions to the Department’s bulletin on a door-to-door basis in the city in which he worked. While doing so, the employee was arrested for violation of a city ordinance that prohibited commercial solicitation of private residences.  What is the employee’s best defense?

The driver of a tanker truck was transporting radioactive waste from a nuclear power plant to a permanent storage facility in a remote western region of the United States. After driving all night, the driver fell asleep at the wheel and the truck crossed over the center line, off the road, and onto a homeowner’s property, coming to rest after crashing into several glass cases containing the homeowner’s collection of poisonous snakes, the keeping of which was permitted by local ordinance. When the driver exited the truck, he was bitten on the leg by one of the poisonous snakes and became seriously ill.  The driver brought an action against the homeowner for his injuries. The parties stipulated to the above facts, and that the driver violated a state statute by driving off of the road. Both parties moved for judgment as a matter of law on the liability issue. How should the court rule?