A hunter got permission from a rural property owner to go hunting and took his teenage son with him for the first time. When the hunter took aim at a pheasant and started to pull the trigger, his son impulsively grabbed the barrel of the gun, causing the gun to discharge in the direction of a hiker trespassing on the land, and injuring him with shotgun pellets. In a suit by the hiker against the hunter, the hiker established that the hunter’s license, required by state law, had expired the day before the incident, and he had forgotten to renew it.Will the hiker prevail?

The owner of a retail store in a high crime neighborhood contracted with an independent agency for security. One night the security guard had opened the security gate protecting the front window to check a false alarm and had neglected to close it. Shortly thereafter the store owner was awakened by a message from the police department that a patrol officer had noticed that the gate was up, but the owner went back to sleep. Later that night a thief smashed the window with a rock and grabbed some items from a display case while the security guard was in the back of the store. The owner sued the security agency for the loss of the stolen items and the damage to the window.Is the owner likely to recover damages?

A man and his nephew lived and worked together on the man’s ranch for 15 years. The man developed severe arthritis as he grew older, and the nephew took over the daily work of running the ranch. The man told his nephew that he wanted to be sure that the ranch would go to the nephew when the man died, so he gave the nephew a quitclaim deed. The nephew did not record the deed, but locked it in a drawer in his desk.Six months later, the man’s daughter learned about this. She asked her father to sell the ranch to her, saying he could continue to live there for the rest of his life. The daughter offered her father a good sum of money for the ranch, so the man agreed. The man and his daughter closed on the sale the next day. The man then told the nephew that he had changed his mind and decided to leave the ranch to his grand- children. The nephew promised to destroy the deed, and the next week, he did. A month later, however, there was an accident at the ranch and the man and the nephew both died. The man died intestate and was survived by three children, including his daughter. The man’s heirs, the nephew’s heirs, and the daughter claim title to the ranch. The jurisdiction has a notice recording statute.If the nephew’s heirs bring an appropriate action to quiet title to the ranch, who is likely to prevail?

An entrepreneur obtained a loan from a bank for $450,000, secured with a mortgage on an apartment building she owned. On February 10, the entrepreneur executed the note and the mortgage, and the bank gave her a certified check for $450,000. On February 11, the entrepreneur conveyed the apartment building to a local developer for $900,000 in cash. The developer was not aware of the mortgage. On February 12, the developer recorded her deed to the property. The same day, the entrepreneur announced her retirement and left the country on an extended trip.On the evening of February 13, which was a Sunday, the developer gifted her son the apartment building. The next morning, as soon as the recording office opened, the bank recorded its mortgage. That afternoon, the son recorded his deed. After the entrepreneur missed her first mortgage payment on March 1, the bank employees decided to look into the matter and found the deeds to the developer and the developer’s son. The bank demanded that the son satisfy the $450,000 mortgage.The recording statute in the jurisdiction reads, in relevant part:“A conveyance of an estate in land shall not be valid against any subsequent purchaser for value, without notice thereof, unless the conveyance is recorded.”The son filed an appropriate suit to determine the various interests in the apartment building. How should the court rule?

16. The command polyfit(x,y,1) finds:

Which problem was the Affordable Care Act designed to address?

A city ordinance made a street adjacent to a minor league stadium a one-way street when games were scheduled. A man who was giving his friend a ride home turned onto the street in the direction contrary to the ordinance. Partway down the street he noticed the traffic signs indicating that he was going the wrong way and pulled to the curb. At the same time, a fly ball came over the wall and hit the passenger window of the car, shattering the glass and injuring the friend.If the friend asserts a claim against the man, will the friend recover?

A dairy farmer sued a pharmaceutical company for dumping toxic chemicals into a lake on land that was owned by the pharmaceutical company and adjacent to the farmer’s land. The farmer is prepared to testify that she encountered an employee of the pharmaceutical company dumping some material into the lake and asked him what he was doing. The employee replied that he was just following orders, but that she should keep her animals away from the lake.May the farmer testify as to the employee’s statement?

To impress his new girlfriend, a man executed and delivered to the girlfriend a warranty deed to a vacant cabin. The girlfriend promptly and properly recorded her deed. A month later, the girlfriend moved into the cabin and has occupied the property since. At the time of the conveyance to the girlfriend, the man did not actually own the cabin. His mother was the record title holder, but she had always told the man the cabin would one day be his. Later, the mother died, and her will devised the cabin to the man. Shortly thereafter, the man lost his job and needed money, so he sold the cabin for its full value to a neighbor by warranty deed. The neighbor promptly and properly recorded but did not conduct a title search before accepting the deed. Both the girlfriend and the neighbor now claim ownership of the cabin. The jurisdiction in which the cabin is located has the following statute:“No unrecorded conveyance or mortgage of real property shall be good against subsequent purchasers for value without notice unless the conveyance is recorded.”Who has title to the cabin?

A paper supply company ran an advertisement offering rolls of cash register tape for sale for $10 a roll, minimum purchase of 100 rolls. In response to the advertisement, an office supply retailer sent a written order to the paper supply company for 150 rolls of register tape. In the letter that accompanied the retailer’s order, the retailer stated that it would send the paper supply company payment of $1,500 upon delivery. The letter also stated that the register tape must be compatible with three specified commonly used cash register models.The day after receiving the written order and letter from the retailer, the paper supply company shipped 150 rolls of register tape to the retailer. Accompanying the invoice was a letter from the paper supply company stating that the register tape is compatible with two of the specified models of cash register, but that the retailer makes no warranties as to the compatibility of the register tape with any other model of cash register. Shortly after accepting shipment of the register tape, the retailer realized that the register tape did not fit onto the third model of cash register that it had specified and instituted an action against the paper supply company.Which of the following statements would offer the strongest support in favor of the retailer’s position?