Question: Rod had a five-year lease in

> Sandra Menefee sued Geographic Expeditions, Inc. (GeoEx), for the wrongful death of her son while on a GeoEx expedition up Mount Kilimanjaro. GeoEx moved to compel arbitration under the parties’ limitation of liability contract. GeoEx designed its arbi-

> Gerald “ Pat ” Arrington was diagnosed with a brain tumor. At the time of the diagnosis, he was married to Brenda Arrington, but they were separated pend- ing their divorce. Brenda and Pat had no children, but Pat had five children from a previous marria

> John Iwen sued U.S. West Direct because of a negligently constructed yellow pages advertisement. U.S. West Direct moved to stay litigation and compel arbitration under the yellow pages order form, which required advertisers to resolve all controversies t

> What are an accountant ’ s obligations if he or she knows a client is violating the terms of a contract with a third party?

> When are the parties to an illegal agreement in pari delicto?

> Jennifer Sanchez and her three children lived in a two-story townhome operated by CAA (the Cincinnati Community Action Agency). CAA is a non- profit entity that provides housing for single mothers in financial need. Sanchez requested maintenance on an ar

> Radio Station KSCS broadcast a popular music pro- gram. It announced that it would pay $25,000 to any listener who detected that it did not play three consecutive songs. Steve Jennings listened to and heard a program in which two songs were followed by a

> AUSA Life Insurance Company and others were institutional investors in the securities of JWP, Inc., a company that went belly up, resulting in nearly a 100 percent loss of their investments. Ernst & Young served as auditor for JWP from 1985 to 1992. Duri

> On the death of their mother, the children of Jane Smith gave their interests in their mother ’ s estate to their father in consideration of his payment of $1 to each of them and his promise to leave them the property on his death. The father died withou

> Kemp leased a gas filling station from Baehr. Kemp, who was heavily indebted to Penn-O-Tex Oil Corp., transferred to it his right to receive payments on all claims. When Baehr complained that the rent was not paid, he was assured by the corporation that

> Sears, Roebuck and Co. promised to give Forrer permanent employment. Forrer sold his farm at a loss to take the job. Shortly after beginning work, he was discharged by Sears, which claimed that the contract could be terminated at will. Forrer claimed tha

> The Aqua Drilling Company made a contract to drill a well for the Atlas Construction Company. It was expected that this would supply water for a home being constructed by Atlas. Aqua did not make any guarantee or warranty that water would be produced. Aq

> Diehr devised a computerized process for curing rubber that was based on a well-known mathematical formula related to the cure time, and he devised numerous other steps in his synthetic rubber-curing process. The patent examiner determined that because a

> While on a fishing trip, Tom Snyder met an elderly couple living in near-destitute conditions in a rural area of Texas. He returned to the area often, and he regularly purchased groceries for the couple and paid for their medical needs. Some two years la

> After an eleven-month struggle with esophageal cancer, Leonard R. Brener died on December 8, 2001, at age 85. He had never married. He had no children. He had a long and successful career as a stockbroker. The value of his estate approximated $8 million.

> Helen, age 17, wanted to buy a Harley-Davidson “Sportster” motorcycle. She did not have the funds to pay cash but persuaded the dealer to sell the cycle to her on credit. The dealer did so partly because Helen said that she was 22 and showed the dealer a

> Fourteen applicants for a city of Providence, Rhode Island, police academy training class each received from the city a letter stating that it was a “conditional offer of employment” subject to successful completion of medical and psychological exams. Th

> Calhoun/Johnson Company d/b/a Williams Lumber Company (Williams) sold building materials to Donald Miller d/b/a Millercraft Construction Company (Millercraft) on credit. Miller had signed a personal guaranty for the materials. Miller requested lien waive

> Medistar is a real estate development company spe- cializing in the development of medical facilities Dr. Schmidt, the team physician for the San Antonio Spurs basketball team, sought to develop “ The Texas Center for Athletes ” medical center next to th

> Charles Sanarwari retained Stan Gissel to prepare his income tax return for the year 2014. The parties agreed on a fee of $400. Charles had done a rough estimate based on last year’s return and believed he would owe the IRS approximately $2,000. When Sta

> Dale Dyer, who was employed by National By- Products, Inc., was seriously injured at work as the result of a job-related accident. He agreed to give up his right to sue the employer for damages in consideration of the employer ’ s giving him a lifetime j

> The certified public accounting partnership of James, Guinn, and Head prepared a certified audit report of four corporations, known as the Paschal Enterprises, with knowledge that their report would be used to induce Shatterproof Glass Corp. to lend mone

> William E. Story agreed to pay his nephew, William E. Story II, a large sum of money (roughly equivalent to $75,000 in 2016 dollars) “if he would refrain from drinking liquor, using tobacco, swearing, and playing cards or billiards for money until he sho

> Hoffman wanted to acquire a franchise for a Red Owl grocery store. (Red Owl was a corporation that maintained a system of chain stores.) An agent of Red Owl informed Hoffman and his wife that if they would sell their bakery in Wautoma, acquire a certain

> Sarah’s house caught on fire. Through the prompt assistance of her neighbor Odessa, the fire was quickly extinguished. In gratitude, Sarah promised to pay Odessa $1,000. Can Odessa enforce this promise?

> Kathy left her classic 1978 Volkswagen convertible at Freddie ’ s Service Station, requesting a “ tune-up. ” When she returned that evening, Freddie ’ s bill was $374. Kathy stated that Firestone and Sears advertise tune-ups for $70, and she asked Freddi

> Kelsoe worked for International Wood Products, Inc., for a number of years. One day Hernandez, a director and major stockholder of the company, promised Kelsoe that the corporation would give her 5 percent of the company’s stock. This promise was never k

> Petra Valoma and her three roommates rented an apartment in New York City with a security deposit of $2,850, two months of rent for $5,700, and a property loss payment of $800. Less than a month after the group of four took possession of the property, th

> On June 21, 1997, Julio Ramos was helping his cousin move out of a second-floor apartment. He positioned himself on the outer side of the second- floor balcony railing, his feet between its spindles, to pass furniture to a friend on the ground below. Whi

> Justin Whitman is the adult son of Jeffrey Whitman, an attorney who has served as the trustee for a trust of which Justin is the beneficiary. The trust was established for Justin by his grandfather, Jeffrey ’ s father. Justin asked his father/trustee for

> Randy Bocian had a bank account with First of America-Bank (FAB). On October 8, Bocian received a check for $28,800 from Eric Christenson as payment for constructing a pole barn on Christenson ’ s property. Bocian deposited the check at FAB on October 9

> Can a murderer inherit property from his victim? Why or why not?

> Jeanette Wall worked for D. J. Sharron for many years. Sharron executed a will, leaving his entire estate to Jeanette. He re-executed the same will sometime thereafter with the same provisions. Sharron ’ s children contested the will, offering evidence t

> Ms. Lingenfelter ’ s will was offered for probate and was opposed. Ms. Lingenfelter (the testatrix) was sick, highly nervous, and extremely jealous, and she committed suicide a week after executing the will. She had, however, seemed to understand the wil

> Miller wrote a will that was 11 pages long and enclosed it in an envelope, which she sealed. She then wrote on the envelope “ My last will & testament ” and signed her name below this statement. This was the only place where she signed her name on any of

> Sargent rented a second-floor apartment in a building owned by Ross. Anna, Sargent ’ s four-year-old daughter, fell from an outdoor stairway and was killed. Sargent brought suit against Ross for her daughter ’ s death. Ross contended that she did not hav

> Cantanese leased a building for the operation of his drugstore from Saputa. He moved his drugstore from Saputa ’ s building to another location but continued to pay rent to Saputa. Saputa, fearing that he was losing his tenant, entered the premises witho

> John Blackwell was seriously injured in an auto accident. His wife was Korean and spoke little English and needed help communicating with Blackwell ’ s doctor. The Blackwells hired Choi as an interpreter in 1997 and over time Mr. Choi assisted with the f

> Johnny C. Carpenter and Harvey E. Hill died of asphyxiation when a fire broke out in their Hattiesburg, Mississippi, apartment on the morning of February 20, 1983. There were no smoke detectors in the apartment at the time of the fire, as required under

> Green rented an apartment from Stockton Realty. The three-story building had a washroom and clothesline on the roof for use by the tenants. The clothesline ran very near the skylight, and there was no guard rail between the clothesline and the skylight.

> Williams, an elderly man who was sensitive to heat, rented an apartment in the Parker House. His apartment was fully air-conditioned, which enabled him to stand the otherwise unbearable heat of the summer. The landlord was dissatisfied with the current r

> Daniel, Joel, and Claire Guerrette are the adult children of Elden Guerrette, who died on September 24, 1995. Before his death, Elden purchased a life insurance policy from Sun Life Assurance Company of Canada through a Sun Life agent, Steven Hall, and n

> Larsen Jewelers sold a necklace to Conway on a lay- away plan. Conway paid a portion of the price and made additional payments from time to time. The necklace was to remain in the possession of Larsen until payment was fully made. The Larsen jewelry stor

> Does a pawnbroker who purchases property in good faith acquire good title to that property? Can the pawnbroker pass good title? [ Fly v. Cannon , 813 S.W.2d 458 (Tenn. App.)]

> Would buying a car from a mechanic who works at a car dealership qualify as purchasing a car in the ordinary course of business? [Steele v. Ellis, 961 F. Supp. 1458 (D. Kan.)]

> Helen Thomas contracted to purchase a pool heater from Sunkissed Pools. As part of the $4,000 con- tract, Sunkissed agreed to install the pool heater, which was delivered to Thomas ’ s home and left in the driveway. The heater was too heavy for Thomas to

> Without permission, Grissom entered onto land owned by another and then proceeded to cut and sell the timber from the land. On learning that the timber had been sold, the owner of the land brought an action to recover the timber from the purchaser. The p

> The U.S. Polo Association (USPA) is a not-for-profit corporation that is the governing body of the sport of polo in the United States. It has been in existence since 1890 and derives the majority of its revenue from royalties obtained from licensing its

> Sue A. Merrill injured her right shoulder when she fell as she was ascending the front steps leading to the porch and front door of the mobile home that her daughter, Sherri Pritchard, rented from Alvina Jansma. The step became loose during the time Ms.

> Halleck executed a promissory note payable to the order of Leopold. Halleck did not pay the note when due, and Leopold brought suit on the note, producing it in court. Halleck admitted that he had signed the note but claimed plaintiff Leopold was require

> Explain why a company would want to perform a self-audit to determine whether it has any environ- mental violations

> In 1997, Isbell purchased a building in San Diego with the intent to open an adult entertainment establishment there. Because this building was located within 1,000 feet of a residential area, how- ever, a San Diego zoning ordinance precluded him from op

> Kenneth and Mary Norpel purchased a house, and Kenneth attached a 35-foot flagpole to it. He did not obtain the permission of the architectural committee of the Stone Hill Community Association. This consent was required by a restrictive covenant to whic

> Patrick Bossenberry owned a house in a planned community area. Each lot in the area was limited by a restrictive covenant to use for a single-family dwelling. The covenant defined family as a blood or marital relationship between most of the occupants. B

> Some sections of the city of Manitou Springs have hills of varying degrees of slope. To protect against water drainage and erosion, the city adopted a hillside zoning ordinance that required homes on hillsides to be surrounded by more open land than in t

> Henry Hatfield, CPA, was hired to prepare audited financial statements for Happy Campers, a nonprofit organization providing summer camp scholarships for inner-city, low-income children. The executive director of Happy Campers was embezzling but falsifie

> The Stallcups lived in a rural section of the state. In front of their house ran a relatively unused, unimproved public county road. Wales Trucking Co. transported concrete pipe from the plant where it was made to a lake where the pipe was used to con- s

> Taback began building a vacation home on a parcel of wooded land. It was to be a three-story house, 31 feet high. This height violated the local zoning ordinance that limited residential homes to two and one-half stories, not exceeding 35 feet. When Taba

> Lester purchased a used automobile from Mac- Kintosh Motors. He asked the seller if the car had ever been in a wreck. The MacKintosh sales- person had never seen the car before that morning and knew nothing of its history but quickly answered Lester’s qu

> William Potts was employed by Jemoli Holdings, Inc., to liquidate assets of defunct companies. Potts had the authority to sign checks for Jemoli. Potts had a personal investment account with Raymond James Financial Services. When the stock market had its

> The city of Salinas entered into a contract with Souza & McCue Construction Co. to construct a sewer. City officials knew unusual subsoil conditions (including extensive quicksand) existed that would make performance of the contract unusually difficult.

> The McConnells bought a home in Sherwood Estates. The land was subject to a restrictive covenant that “ no building, fence, or other structure ” could be built on the land without the approval of the developer of the property. The McConnells built a dog

> Federal Oil Co. was loading a tanker with fuel oil when the loading hose snapped for some unknown reason and about 1,000 gallons of oil poured into the ocean. Federal Oil was prosecuted for this water pollution. It raised the defense that it had exercise

> Union Electric wishes to construct a new coal-fired plant in the northeastern corner of Arizona. Union plans to use the maximum achievement technology for the scrubbers on the plant to reduce emissions. Will Union be able to obtain a permit from the EPA

> Gregory Mills lives next to Dean Kimbley. Mills kept a journal of Kimbley ’ s activities, and even videotaped a few of the activities, including Kimbley ’ s smoking marijuana and standing drunk in his backyard and yelling, “ Hi, neighbor! ” Kimbley also

> The EPA has increased its BACT standards to impose greenhouse gas emissions standards for passenger cars, light-duty trucks, and medium-duty passenger vehicles and all businesses that emit greenhouse gases. The emissions from these small businesses and v

> A zoning ordinance of the city of Dallas, Texas, prohibited the use of property in a residential district for gasoline filling stations. Lombardo brought an action against the city to test the validity of the ordinance. He contended that the ordinance vi

> Nelson wanted to sell his home. Baker sent him a written offer to purchase the home. Nelson made some changes to Baker’s offer and wrote him that he, Nelson, was accepting the offer as amended. Baker notified Nelson that he was dropping out of the transa

> General Automotive operates Grand Auto Parts Stores, which receive used automotive batteries from customers as trade-ins. General ’ s policy in disposing of these batteries had been to drive a screwdriver through each spent battery and then sell them to

> Philip Carey Co. owned a tract of land in Plymouth Township, Pennsylvania, on which it deposited a large pile of manufacturing waste containing asbestos. Carey sold the land to Celotex, and Celotex sold the land to Smith Land & Improvement Corp. The EPA

> The Friersons have a two-story building in Easley, South Carolina, that shares a common wall with an adjacent two-story building owned by David and Patricia Watson. An outdoor stairway located on the Watsons ’ property provides access to the second floor

> Office Supply Outlet, Inc., a single-store office equipment and supply retailer, ordered 100 model RVX-414 computers from Compuserve, Inc. A new staff member made a clerical error on the order form and ordered a quantity that was far in excess of what Of

> Robert E. Long owned land in the City of Hampton that he leased to Adams Outdoor Advertising Limited Partnership. Adams had an advertising billboard placed on the property. On October 6, 1993, Long notified Adams that he was terminating the lease. Adams

> Sanders gave Clary a check but left the amount incomplete. The check was given as advance payment on the purchase of 100 LT speakers. The amount was left blank because Clary had the right to substitute other LT speakers if they became available and the s

> Vern Westby inherited a “ticket” from Anna Sjoblom, a survivor of the sinking of the Titanic, which had been pinned to the inside of her coat. He also inherited an album of postcards, some of which related to the Titanic. The ticket was a one-of-a-kind i

> Bradt believed that his backyard ran all the way to a fence. Actually, a strip on Bradt ’ s side of the fence belonged to his neighbor, Giovannone, but Bradt never intended to take land away from anyone. Bradt later brought an action against Giovannone t

> Henry Lile owned a house. When the land on which it was situated was condemned for a highway, he moved the house to the land of his daughter, Sarah Crick. In the course of construction work, blasting damaged the house. Sarah Crick sued the contractors, T

> Miller executed a deed to real estate, naming Zieg as grantee. He placed the deed in an envelope on which was written “ To be filed at my death ” and put the envelope and deed in a safe deposit box in the National Bank that had been rented in the names o

> At approximately 3:00 A . M ., on February 3, 2000, Sonya Winchell was driving two of her friends through a Fort Wayne Taco Bell drive-thru. When Winchell arrived in line, there was one car in front of her at the speaker. Winchell noticed that the occupa

> Melvin J. Ford, president of International Loan Network, Inc. (ILN), promoted ILN ’ s financial enrichment programs to ILN members and prospective members with evangelical fervor at revival- style “ President ’ s Night ” gatherings. His basic philosophy

> Kenneth Corson, 10, lived with his mother, Lynda Lontz, in an apartment building owned by Bruno and Carolyn Kosinski. While playing with other children who lived in the same building, Corson was drawn to a stairwell that provided access to the building ’

> After executing the various deeds, J. M. Fernandez Jr. placed them in a closet (with other valuable papers) for safekeeping until they could be physically delivered to the various grantees, including Sylvia Sheppard, when she returned to Key West. This c

> David S. Talesnick served as the accountant for Kenneth Ronson and his wife as well as for Ronson ’ s company, performing accounting and tax services for all. From 1980 to 1983, Ronson, his wife, and his company invested in the White Rim Oil & Gas, Pine

> Harald Dude ’ s real estate dealings began breaking bad in 2003. After securing a $1.9 million loan from Washington Mutual on a house he owned in Aspen, Mr. Dude quickly sought to borrow another $500,000 from Wells Fargo. The Washington Mutual mortgage w

> Bunn and his wife claimed that they had an easement to enter and use the swimming pool on neighboring land. A contract between the former owners of the Bunns ’ property and the adjacent apartment complex contained a provision that the use of the apartmen

> n 1972, Donald and Joyce Carnahan purchased a 1-acre lot located on a 22-acre lake. The purchase included a portion of the lake bed. The Carnahans used the lake for recreational activity in both winter and summer, and their activities included motor- boa

> Jones, wishing to retire from a business enterprise that he had been conducting for a number of years, sold all of the assets of the business to Jackson Corp. Included in the assets were a number of promissory notes payable to the order of Jones that he

> Martin Manufacturing decided to raise additional long-term capital by mortgaging an industrial park it owned. First National Loan Co. agreed to lend Martin $1 million and to take a note and first mortgage on the land and building. The mortgage was duly r

> The Printers International Union reached agreement for a new three-year contract with a large regional printing company. As was their practice, the union negotiators then met with Sullivan Brothers Printers, Inc., a small specialty shop employing 10 unio

> O conveys property to A on December 1, 2015. O conveys the same property to B who does not know about A and who records his deed on December 2, 2015. O then conveys the same property to C . Who has title to the property?

> Christine and Steve Mallock buried their son in a burial plot purchased at Southern Memorial Park, Inc. Each year the Mallocks conducted a memorial service for their son at his burial plot. On the seventh anniversary of their son ’ s death, the Mallocks

> Texas International Speedway, Inc. (TIS), filed a registration statement and prospectus with the Securities and Exchange Commission offering a total of $4,398,900 in securities to the public. The proceeds of the sale were to be used to finance the constr

> What is the relationship between trespass and adverse possession?

> CEO Bernard Ellis sent a memo to shareholders of his Internet-related services business some four days before the expiration of a lock-up period during which these shareholders had agreed not to sell their stock. In the memo, he urged shareholders not to

> Determine whether the following would be fixtures or personal property. a. Refrigerator in a home b. Refrigerators in an apartment complex with furnished units c. Refrigerators in a restaurant kitchen d. Refrigeration/freezer units in a grocery store e.

> Rudolph Redmont, the president of Abbott Thinlite Corp., left Abbott to run Circle Corp. in competition with his former employer. It was claimed that he diverted contracts from his former employer to his new one, having gained the advantage of specific i

> Klinicki and Lundgren incorporated Berlinair, Inc., a closely held Oregon corporation. Lundgren was president and responsible for developing business. Klinicki served as vice president and director responsible for operations and maintenance. Klinicki own

> Anthony Yee was the president of Waipahu Auto Exchange, a corporation. As part of his corporate duties, he arranged financing for the company. Federal Services Finance Corp. drew 12 checks payable to the order of Waipahu Auto Exchange. These were then in

> Hamway and other minority shareholders brought an action against majority shareholders of Libbie Rehabilitation Center, Inc., including Frank Giannotti, CEO-director; Alex Grossman, president- director; Henry Miller, vice president-director; Ernest Dervi

> Getty Petroleum distributes gasoline through dealer- owned stations. Customers who buy gas at a Getty station can pay by cash or credit card. When a customer uses a credit card, Getty processes the trans- actions, receives payment from the credit card co