An owner and a contractor executed a contract providing that…
An owner and a contractor executed a contract providing that the contractor was to construct a three-story, castle-like structure on a specified location according to plans and specifications drawn up by an architect. The total contract price was $900,000. No date was included in the contract for completion of the home, but the builder was to begin construction one week after the contract was signed. The day after the contract was signed by the parties, the state development commission declared the land encompassing the owner’s lot part of a natural wilderness area, requiring that all residences constructed therein be single story and have plans approved by the development commission. The original plans for the three-story structure are totally incompatible with the commission’s guidelines for residences in a wilderness area. Must the builder perform the contract?
Read DetailsA newly enacted federal law requires states to adopt a law b…
A newly enacted federal law requires states to adopt a law banning texting while driving on interstate highways. Under the law, any state that does not enact such a law within three years will be denied 10% of the state’s allotment of federal highway construction funding. What is the best argument that can be made in support of the constitutionality of this federal statute?
Read DetailsA farmer orally agreed to lease a tractor from a company for…
A farmer orally agreed to lease a tractor from a company for $500. However, when the company’s secretary put the agreement into writing she accidentally typed in a charge of $300. Both the company and the farmer signed the contract without noticing the mistake in the price. When it came time for payment, the farmer refused to pay more than $300 for the rental of the tractor. If the company brings an action for the difference between the payment as orally agreed and as memorialized in the contract, which of the following, if proven, would most benefit the company?
Read DetailsTwo men were arrested while riding in a stolen automobile. T…
Two men were arrested while riding in a stolen automobile. They were taken to the police station, booked, and fingerprinted. They were then taken to an interrogation room. After the detective gave them their Miranda warnings, one of the men said, “Forget it. As soon as you check for outstanding warrants, you’ll find out that I escaped from prison. Since I am going back anyway, it’s a farce to deny that we stole that car.” The other man said nothing, and the first man proceeded to write and sign a full confession. The man who remained silent pled not guilty to the charge of grand theft auto. At his trial the prosecutor seeks to introduce evidence to show that he did not deny that he stole the automobile when the other man told the police in front of him that he was a party to the theft. Should the court hold that this evidence is proper?
Read DetailsA contractor agreed to build a plant for a manufacturer for…
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?
Read DetailsA high school graduate was asked by his elderly aunt to live…
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?
Read DetailsCongress passed legislation banning the hunting of snipe bir…
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?
Read DetailsCongress adopted legislation prohibiting the federal courts…
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?
Read Details