Question: CEO was convinced by his employee, M.

> Steven Gwin bought a lifetime Termite Protection Plan for his home in Alabama from the local office of Allied-Bruce, a franchise of Terminix International Company. The plan provided that Allied-Bruce would “protect” Gwin’s house against termite infestati

> Kenneth Thomas brought suit against his former employer, Kidder, Peabody & Company, and two of its employees, Barclay Perry and James Johnston, in a dispute over commissions on sales of securities. When he applied to work at Kidder, Peabody, Thomas had f

> Mariana Deutsch worked as a knitwear mender and attended a school for beauticians. The sink in her apartment collapsed on her foot, fracturing her big toe and making it painful for her to stand. She claims that as a consequence of the injury she was comp

> On June 15 a newspaper columnist predicted that the coast of State X would be flooded on the following September 1. Relying on this pronouncement, Gullible quit his job and sold his property at a loss so as not to be financially ruined. When the flooding

> Iowa enacted a statute prohibiting the use of sixty-five-foot double trailer truck combinations. All of the other midwestern and western States permit such trucks to be used on their roads. Despite these restrictions, Iowa’s statute permits cities abutti

> A state statute empowered public school principals to suspend students for up to ten days without any notice or hearing. A student who was suspended for ten days challenges the constitutionality of his suspension on the grounds that he was denied due pro

> State Z enacted a Private Pension Benefits Protection Act requiring private employers with 100 or more employees to pay a pension funding charge upon terminating a pension plan or closing an office in State Z. Acme Steel Company closed its offices in Sta

> A farmer made a contract in April to sell a grain dealer 40,000 bushels of corn to be delivered in October. On June 3, the farmer unequivocably informed the grain dealer that he was not going to plant any corn, that he would not fulfill the contract, and

> Explain whether each of the following transactions results in a valid negotiation: (a) Arnold gives a negotiable check payable to bearer to Betsy without indorsing it. (b) Golden indorses a negotiable, promissory note payable to the order of Golden, “Pay

> E-Z-Rest Motel is a motel with 216 rooms located in the center of a large city in State Y. It is readily accessible from two interstate highways and three major State highways. The motel solicits patronage from outside of State Y through various national

> The Public Service Commission of State X issued a regulation completely banning all advertising that “promotes the use of electricity” by any electric utility company in State X. The commission issued the regulation to conserve energy. Central Electric C

> The Federal Aviation Act provides that “The United States of America is declared to possess and exercise complete and exclusive national sovereignty in the airspace of the United States.” The city of Orion adopted an ordinance that makes it unlawful for

> Maryland enacted a statute prohibiting any producer or refiner of petroleum products from operating retail service stations within the State. The statute also required that any producer or refiner discontinue operating its company-owned retail service st

> In 1967, large oil reserves were discovered in the Prudhoe Bay area of Alaska. As a result, State revenues increased from $124 million in 1969 to $3.7 billion in 1981. In 1980, the State legislature enacted a dividend program that would distribute annual

> Drug compounding is a process by which a pharmacist or doctor combines, mixes, or alters ingredients to create a medication tailored to the needs of an individual patient. Compounding is typically used to prepare medications that are not commercially ava

> Miss Horowitz was admitted as an advanced medical student at the University of Missouri-Kansas City. During her first year, several faculty members expressed dissatisfaction with Miss Horowitz's clinical performance, noting that it was below that of her

> The McClungs own Ollie’s Barbecue, a restaurant located a few blocks from the interstate highway in Birmingham, Alabama, with dining accommodations for whites only and a take-out service for blacks. In the year preceding the passage of the Civil Rights A

> Metropolitan Edison Company is a privately owned and operated Pennsylvania corporation subject to extensive regulation by the Pennsylvania Public Utility Commission. Under a provision of its general tariff filed with the commission, Edison had the right

> In May, Patricia Allen left her car on the shoulder of a road in the city of Erehwon after the car stopped running. A member of the Erehwon police dept. came upon the car later that day and placed on it a sticker which stated that unless the car were mov

> Sherman Burrus, a job printer, purchased a printing press from the Itek Corporation for a price of $7,006.08. Before making the purchase, Burrus was assured by an Itek salesperson, Mr. Nessel, that the press was appropriate for the type of printing Burru

> David Diersen filed a complaint against the Chicago Car Exchange (CCE), an automobile dealership, alleging that the CCE fraudulently furnished him an inaccurate odometer reading when it sold him a 1968 Dodge Charger, in violation of the Vehicle Informati

> Congress enacted the National Traffic and Motor Vehicle Safety Act of 1966 (the Act) for the purpose of reducing the number of traffic accidents that result in death or personal injury. The Act directs the Secretary of Transportation to issue motor vehic

> Under the Communications Act of 1934 the Commission may not impose common carrier obligations on cable operators. A common carrier is one that “makes ea public offering to provide [communication facilities] whereby all members of the public who choose to

> The Federal Crop Insurance Corporation (FCIC) was created as a wholly government-owned corporation to insure wheat producers against unavoidable crop failure. As required by law, the FCIC published in the Federal Register conditions for crop insurance. S

> Bachowski was defeated in a United Steelworkers of America union election. After exhausting his union remedies, Bachowski filed a complaint with Secretary of Labor Dunlop. Bachowski invoked the Labor-Management Reporting and Disclosure Act, which require

> Reagan National Airport in Washington, D.C., is one of the busiest and most crowded airports in the nation. Accordingly, the Federal Aviation Administration (FAA) has restricted the number of commercial landing and takeoff slots at National to 40 per hou

> The Secretary of Commerce (Secretary) published notice in the Federal Register inviting comments regarding flammability standards for mattresses. Statistical data were compiled, consultant studies were conducted, and 75 groups submitted comments. The Sec

> Congress passed the Emergency Price Control Act in the interest of national defense and security. The stated purpose of the act was “to stabilize prices and to prevent speculative, unwarranted and abnormal increases in prices and rents....” The act estab

> Waronek owned and operated a trucking rig, transporting goods for L.T.L. Perishables, Inc., of St. Paul, Minnesota. He accepted an offer to haul a trailer load of beef from Illini Beef Packers, Inc., in Joslin, Illinois, to Midtown Packing Company in New

> A national bank was robbed by a man with a small strip of tape on each side of his face. An indictment was returned against David. David was then arrested, and counsel was appointed to represent him. Two weeks later, without notice to David’s lawyer, an

> Technical Textile agreed by written contract to manufacture and sell 20,000 pounds of yarn to Jagger Brothers at a price of $2.15 per pound. After Technical had manufactured, delivered, and been paid for 3,723 pounds of yarn, Jagger Brothers by letter in

> The police obtained a search warrant based on an affidavit that contained the following allegations: (a) Donald was seen crossing a state line on four occasions during a five-day period and going to a particular apartment; (b) Telephone records disclosed

> Peter, an undercover police agent, was trying to locate a laboratory where it was believed that methamphetamine, or “speed”—a controlled substance—was being manufactured illegally. Peter went to Mary’s home and said that he represented a large organizati

> Truck drivers for a hauling company, while loading a desk, found a $100 bill that had fallen out of the desk. They agreed to get it exchanged for small bills and divide the proceeds. En route to the bank, one of them changed his mind and refused to proce

> Jones and Wilson were on trial, separately, for larceny of a $1,000 bearer bond (payable to the holder of the bond, not a named individual) issued by Brown, Inc. The commonwealth’s evidence showed that the owner of the bond put it in an envelope bearing

> Ann took Bonnie’s watch without Bonnie knowing of the theft. Bonnie subsequently discovered her loss and was informed that Ann had taken the watch. Bonnie immediately pursued Ann. Ann pointed a loaded pistol at Bonnie, who, in fear of being shot, allowed

> Sara, a lawyer, drew a deed for Robert by which Robert was to convey land to Rick. The deed was correct in every detail. Robert examined and verbally approved it but did not sign it. Sara then erased Rick’s name and substituted her own. Robert subsequent

> Officer Cyril Rombach of the Burbank Police Department, an experienced and well-trained narcotics officer, applied for a warrant to search several residences and automobiles for cocaine, methaqualone, and other narcotics. Rombach supported his applicatio

> Four separate cases involving similar fact situations were consolidated because they presented the same constitutional question. In each case, police officers, detectives, or prosecuting attorneys took a defendant into custody and interrogated him in a p

> Sam said to Carol, “Kim is going to sell me a good used car next Monday and then I’ll deliver it to you in exchange for your computer, but I’d like to have the computer now.” Relying on this statement, Carol delivered the computer to Sam. Sam knew Kim ha

> Chris leaves her car parked in front of a store. There are no signs that say Chris cannot park there. The store owner, however, needs the car moved to enable a delivery truck to unload. He releases the brake and pushes Chris's car three or four feet, doi

> Margaret contracted to buy a particular model Rolls-Royce from Paragon Motors, Inc. Only 100 of these models are built each year. She paid a $3,000 deposit on the car but Paragon sold the car to Gluck. What remedy, if any, does Margaret have against Para

> Owner has a place on his land where he piles trash. The pile has been there for three months. John, a neighbor of Owner and without Owner's consent or knowledge, throws trash onto the trash pile. Owner learns that John has done this and sues him. What to

> A patient confined in a hospital, Joan, has a rare disease that is of great interest to the public. Carol, a television reporter, requests Joan to consent to an interview. Joan refuses, but Carol, nonetheless, enters Joan's room over her objection and ph

> The Saturday Evening Post featured an article entitled “The Story of a College Football Fix,” characterized in the subtitle as “A Shocking Report of How Wally Butts and Bear Bryant Rigged a Game Last Fall.” Butts was athletic director of the University o

> Lana, a ten-year-old child, is run over by a car negligently driven by Mitchell. Lana, at the time of the accident, was acting reasonably and without negligence. Clark, a newspaper reporter, photographs Lana while she is lying in the street in great pain

> Claude, a creditor seeking to collect a debt, calls on Dianne and demands payment in a rude and insolent manner. When Dianne says that she cannot pay, Claude calls Dianne a deadbeat and says that he will never trust her again. Is Claude liable to Dianne?

> Ralph kisses Edith while she is asleep but does not waken or harm her. Edith sues Ralph for battery. Has a battery been committed?

> Debra Agis was a waitress in a restaurant owned by the Howard Johnson Company. On May 23, Roger Dionne, manager of the restaurant, called a meeting of all waitresses at which he informed them that "there was some stealing going on." Dionne also stated th

> Susan Jungclaus Peterson was a twenty-one-year-old student at Moorhead State University who had lived most of her life on her family farm in Minnesota. Though Susan was a dean's list student during her first year, her academic performance declined after

> Lemmie L. Ruffin, Jr., was an Alabama licensed agent for Pacific Mutual Life Insurance and for Union Fidelity Life Insurance Company. Union wrote group health insurance policies for municipalities, while Pacific did not. Plaintiffs Cleopatra Haslip, Cynt

> Mae contracted to sell 1,000 bushels of wheat to Lloyd at $10 per bushel. Just before Mae was to deliver the wheat, Lloyd notified her that he would not receive or accept the wheat. Mae sold the wheat for $9.60 per bushel, the market price, and later sue

> Plaintiff, John W. Carson, was the host and star of “The Tonight Show,” a well-known television program broadcast by the National Broadcasting Company. Carson also appeared as an entertainer in nightclubs and theaters around the country. From the time he

> Bill Kinsey was charged with murdering his wife while working for the Peace Corps in Tanzania. After waiting six months in jail he was acquitted at a trial that attracted wide publicity. Five years later, while a graduate student at Stanford University,

> Ralph Nader, who has been a critic of General Motors Corp. for several years, claims that when General Motors learned that Nader was about to publish a book entitled Unsafe at any Speed, criticizing one of its automobiles, it decided to conduct a campaig

> Capune was attempting a trip from New York to Florida on an eighteen-foot-long paddleboard. The trip was being covered by various media to gain publicity for Capune and certain products he endorsed. By water, Capune approached a pier owned by Robbins, wh

> William Proxmire, a United States senator from Wisconsin, initiated the “Golden Fleece of the Month Award” to publicize what he believed to be wasteful government spending. The second of these awards was given to the Federal agencies that had for seven y

> National Bond and Investment Company sent two of its employees to repossess Whithorn's car after he failed to complete the payments. The two repossessors located Whithorn while he was driving his car. They followed him and hailed him down in order to mak

> Marcia Samms claimed that David Eccles had repeatedly and persistently called her at various hours, including late at night, from May to December, soliciting her to have illicit sexual relations with him. She also claimed that on one occasion Eccles came

> Carr borrowed John's brand-new Ford for the purpose of going to the store. He told John he would be right back. Carr then decided, however, to go to the beach while he had the car. Can John recover from Carr the value of the automobile? If so, for what t

> The Penguin intentionally hits Batman with his umbrella. Batman, stunned by the blow, falls backwards, knocking Robin down. Robin's leg is broken in the fall, and he cries out, “Holy broken bat bones! My leg is broken.” Who, if anyone, is liable to Robin

> Two thugs in an alley in Manhattan held up an unidentified man. When the thieves departed with his possessions, the man quickly gave chase. He had almost caught one when the thief managed to force his way into an empty taxicab stopped at a traffic light.

> Broadway Management Corporation obtained a judgment against Briggs. The note on which the judgment was based reads in part: “Ninety Days after date, I, we, or either of us, promise to pay to the order of Three Thousand Four Hundred Ninety Eight and 45/10

> CC Railroad is negligent in failing to give warning of the approach of its train to a crossing and thereby endangers Larry, a blind man who is about to cross. Mildred, a bystander, in a reasonable effort to save Larry, rushes onto the track to push Larry

> Ellen, the owner of a baseball park, is under a duty to the entering public to provide a reasonably sufficient number of screened seats to protect those who desire such protection against the risk of being hit by batted balls. Ellen fails to do so. (a)

> Lionel is negligently driving an automobile at excessive speed. Reginald’s negligently driven car crosses the center line of the highway and scrapes the side of Lionel’s car, damaging its fenders. As a result, Lionel loses control of his car, which goes

> A statute requires all vessels traveling on the Great Lakes to provide lifeboats. One of Winston Steamship Company's boats is sent out of port without a lifeboat. Perry, a sailor, falls overboard in a storm so heavy that had there been a lifeboat, it cou

> Vance was served liquor while he was an intoxicated patron of the Clear Air Force Station Non-Commissioned Officers' Club. He later injured himself as a result of his intoxication. An Alaska state statute makes it a crime to give or to sell liquor to int

> Nathan is run over by a car and left lying in the street. Sam, seeing Nathan's helpless state, places him in his car for the purpose of taking him to the hospital. Sam drives negligently into a ditch, causing additional injury to Nathan. Is Sam liable to

> Joseph Yania, coal strip-mine operator, and Boyd Ross visited a coal strip-mining operation owned by John Bigan to discuss a business matter with Bigan. On Bigan’s property there were several cuts and trenches he had dug to remove the coal beneath. While

> Martha invites John to lunch. Martha knows her private road is dangerous to travel, having been heavily eroded by recent rains. She doesn't warn John of the condition, reasonably believing that he will notice the deep ruts and exercise sufficient care. W

> Carolyn Falgout accompanied William Wardlaw as a social guest to Wardlaw's brother's camp. After both parties had consumed intoxicating beverages, Falgout walked onto a pier that was then only partially completed. Wardlaw had requested that she not go on

> Larry VanEgdom, in an intoxicated state, bought alcoholic beverages from the Hudson Municipal Liquor Store in Hudson, South Dakota. An hour later, VanEgdom, while driving a car, struck and killed Guy William Ludwig, who was stopped on his motorcycle at a

> Henry Hughes, who operates a department store, executed the following instrument: $2,600 Chicago, March 5, 2015 On July 1, 2012, I promise to pay Daniel Dalziel, or order, the sum of Twenty-Six Hundred Dollars for the privilege of one framed advertising

> Two-year-old David Allen was bitten by Joseph Whitehead's dog while he was playing on the porch at the Allen residence. Allen suffered facial cuts, a severed muscle in his left eye, a hole in his left ear, and scarring over his forehead. Through his fath

> A foul ball struck Marie Uzdavines on the head while she was watching the Metropolitan Baseball Club (“The Mets”) play the Philadelphia Phillies at “The Mets” home stadium in New York. The ball came through a hole in a screen designed to protect spectato

> Led Foot drives his car carelessly into another car. The second car contains dynamite, which Led had no way of knowing. The collision causes an explosion which shatters a window of a building half a block away on another street. The flying glass inflicts

> Fredericks, a hotel owner, had a dog named “Sport” that he had trained as a watchdog. When Vincent Zarek, a guest at the hotel, leaned over to pet the dog, it bit him. Although Sport had never bitten anyone before, Fredericks was aware of the dog's viole

> Hunn injured herself when she slipped and fell on a loose plank while walking down some steps. The night before, while entering the hotel, she had noticed that the steps were dangerous, and although she knew from her earlier stays at the hotel that anoth

> Escola, a waitress, was injured when a bottle of soda exploded in her hand while she was putting it into the restaurant's cooler. The bottle came from a shipment that had remained under the counter for thirty-six hours after being delivered by the bottli

> Hawkins slipped and fell on a puddle of water just inside of the automatic door to the H. E. Butt Grocery Company's store. The water had been tracked into the store by customers and blown through the door by a strong wind. The store manager was aware of

> Timothy keeps a pet chimpanzee, which is thoroughly tamed and accustomed to playing with its owner's children. The chimpanzee escapes, despite every precaution to keep it upon its owner's premises. It approaches a group of children. Wanda, the mother of

> A statute requiring railroads to fence their tracks is construed as intended solely to prevent animals that stray onto the right of way from being hit by trains. B & A Railroad Co. fails to fence its tracks. Two of Calvin's cows wander onto the track. Ne

> Jack Duran, president of Colorado Carpet Installation, Inc., began negotiations with Fred and Zuma Palermo for the sale and installation of carpeting, carpet padding, tile, and vinyl floor covering in their home. Duran drew up a written proposal that ref

> Calvin Klein, Ltd. (Calvin Klein), a New York clothing company, had used the services of Trylon Trucking Corporation (Trylon) for more than three years, involving hundreds of shipments. After completing each carriage, Trylon would forward to Calvin Klein

> Helvey brought suit against the Wabash County REMC (REMC) for breach of implied and express warranties. He alleged that REMC furnished electricity in excess of 135 volts to Helvey’s home, damaging his 110-volt household appliances. This incident occurred

> St. Charles Drilling Co. contracted with Osterholt to install a well and water system that would produce a specified quantity of water. The water system failed to meet its warranted capacity, and Osterholt sued for breach of contract. Does the Uniform Co

> Mary Dobos was admitted to Boca Raton Community Hospital in serious condition with an abdominal aneurysm. The hospital called upon Nursing Care Services, Inc., to provide around-the-clock nursing services for Mrs. Dobos. She received two weeks of in-hosp

> Anna is about to buy a house on a hill. Prior to the purchase she obtains a promise from Betty, the owner of the adjacent property, that Betty will not build any structure that would block Anna's view. In reliance on this promise Anna buys the house. Is

> Minth is the owner of the Hiawatha Supper Club, which he leased for two years to Piekarski. During the period of the lease, Piekarski contracted with Puttkammer for the resurfacing of the access and service areas of the supper club. Puttkammer performed

> In March, William Tackaberry, a real estate agent for the firm of Weichert Co. Realtors (Weichert), informed Thomas Ryan, a local developer, that he knew of property Ryan might be interested in purchasing. Ryan indicated he was interested in knowing more

> Max E. Pass, Jr., and his wife, Martha N. Pass, departed in an aircraft owned and operated by Mr. Pass from Plant City, Florida, bound for Clarksville, Tennessee. Somewhere over Alabama the couple encountered turbulence, and Mr. Pass lost control of the

> Insul-Mark is the marketing arm of Kor-It Sales, Inc. Kor-It manufactures roofing fasteners and Insul-Mark distributes them nationwide. In late 1985, Kor-It contracted with Modern Materials, Inc., to have large volumes of screws coated with a rust-proofi

> On November 1, the Kansas City Post Office Employees Credit Union merged into the Kansas City Telephone Credit Union to form the Communications Credit Union (Credit Union). Systems Design and Management Information (SDMI) develops computer software progr

> Owen telephones an order to Hillary's store for certain goods, which Hillary delivers to Owen. Neither party says anything about the price or payment terms. What are the legal obligations of Owen and Hillary?

> On March 10, Tolliver Tolles, also known as Thomas Towle, delivered to Alonzo Craig and Abigail Craig the following instrument, written by him in pencil: For value received, I, Thomas Towle, promise to pay to the order of Alonzo Craig or Abigail Craig On

> Barney accepted Clark’s offer to sell to him a portion of Clark’s coin collection. Clark forgot at the time of the offer and acceptance that her prized $20 gold piece was included in the portion that she offered to sell to Barney. Clark did not intend to

> Scott, manufacturer of a carbonated beverage, entered into a contract with Otis, owner of a baseball park, whereby Otis rented to Scott a large signboard on top of the center field wall. The contract provided that Otis should letter the sign as Scott des

> Rowe advertised in newspapers of wide circulation and otherwise made known that she would pay $5,000 for a complete set, consisting of ten volumes, of certain rare books. Ford, not knowing of the offer, gave Rowe all but one volume of the set of rare boo

> On May 1, Melforth Realty Company offered to sell Greenacre to Dallas, Inc., for $1,000,000. The offer was made by telegraph and stated that the offer would expire on May 15. Dallas decided to purchase the property and sent a registered letter to Melfort