You are an up-and-coming assistant district

Subject: General Questions    / General General Questions   
Question
1. You are an up-and-coming assistant district attorney bound and determined to


better the Casper community and make a name for yourself by bringing criminals to


justice. Gunther, the owner of the “Washington Perk” sends you a DVD of his


security footage that contains evidence of the following:


a. Gunther’s favorite waitress Rachel is responsible for counting up the cash


drawer and making the nightly deposits on her way home from work. On the


surveillance footage, Rachel is observed pocketing $300 from the cash


drawer, and you confirm with the bank that the cash deposit for that day was


$300 less than it should have been. On Tuesday, while drinking coffee on a


break with her friends, Rachel shows off some cute new boots. Rachel admits


she had to borrow money from Gunther to pay for them until she gets paid


on Friday, but everyone agrees that she could not pass up that killer deal.


b. While Monica is in the bathroom, she leaves her purse unattended on the


table. Another woman comes along and takes Monica’s credit card out of her


wallet when no one is looking. You confirm with Monica that someone other


than her (who we’ll call “Fake Monica”) has been using her credit card all


over town to pay for designer clothes and dance lessons on Monica’s dime.


c. Joey is seen coming in to the coffee shop with a large greyhound statue under


his arm. When Chandler asks him where he got it, he states that it “fell of a


truck,” and then thinking maybe Chandler doesn’t catch his meaning, he not-

so-subtly whispers that “it was cheap because it’s stolen.”


d. The camera outside the front door of the Washington Perk shows Ross being


robbed at gunpoint by a man who demanded Ross give him the priceless


dinosaur bones he was transporting to a paleontology conference. (It was a


really small dinosaur).


e. The overnight security footage shows two people who look suspiciously like


Joey and Phoebe breaking in through the front door and leaving with the


Washington Perk’s iconic front seating area furniture.


Armed with all of this evidence (and assuming you are able to find corroborating


evidence to positively identify the perpetrators), what charges can you bring based


5


on these facts? Be sure to state the requirements/definitions for each crime you


identify.


2. On the eve of their marriage, Brad and Angelina vow not to end up like other


Hollywood couples (including the Hollywood couples they were each previously a


part of). To memorialize their intent, they verbally agree that should their marriage


end in divorce as a result of an extramarital affair, the forsaken spouse will be


entitled to 100% of the property acquired by the couple during the course of the


marriage.


a. Assuming a factual basis for doing so, should one of the two seek to


enforce the infidelity clause, what will a lawyer tell them about the


enforceability of their agreement and why?


b. What should they do if they want to ensure that their contract is


enforceable?


3. Assume instead, that Brad and Angelina continue in wedded bliss well into old


age. Brad dies peacefully in his sleep on the eve of his 89th birthday. In settling


Brad’s affairs, Angelina discovers that Brad had a life insurance policy valued at $10


million dollars, naming Angelina as the beneficiary.


a. If the Insurance Company declines to pay the proceeds of the life


insurance to Angelina because she already has enough money, can


Angelina bring suit? What is Angelina’s status under the contract?


b. Suppose Brad’s first wife, Jennifer, was previously named as the


beneficiary under the policy, but Brad later named Angelina pursuant to a


provision in the contract that allowed him to substitute beneficiaries.


What is Jennifer’s status under the contract? Can she bring suit to


recover? Why or why not?


4. In August, Heather Homeowner solicits bids to finish her basement so that


she can get her three noisy children out of her hair and onto a floor of their own.


Bob the Builder comes back with the lowest bid, which is $30,000 less than his


nearest competitor. Bob’s bid includes generic cabinets, which is unacceptable to


Heather, who is a bit of a cabinet snob. In accepting Bob’s bid, Heather makes a


handwritten notation that she wants the basement finished only with UberNice


cabinets. Bob agrees, but crosses out his original bid and increases the bid amount


another $15,000. The two then agree that Bob will start next week, that time is of


the essence, and that accordingly, he’ll have the basement finished in time for


Christmas break.


a. Identify each of the elements of a valid contract and explain whether


Heather and Bob have a valid contract.


6


b. Suppose Bob realizes he miscalculated the cost of lumber and the job is


going to be significantly more expensive to complete than he anticipated.


Can he avoid the contract based on his mistake? Why or why not?


c. If Bob calls Heather on Monday morning to tell her know he’s not going to


do the job, does she have to wait until December to bring suit? Why or


why not? What kind of remedies might she pursue?


d. Suppose Bob is offered a much more lucrative construction job, but he’s


nervous about stringing Heather along — she seems like the litigious sort.


Instead, he decides to keep the big money maker for himself and “assign


all of his rights” under the contract to his good buddy, Tim Taylor, who


has a competing construction company and could use the work. Tim


shows up to start work on Monday. What is the effect of Bob’s


assignment “of all rights” in the contract? What considerations will affect


whether Bob’s assignment of the contract is enforceable? What are


Heather’s options if Tim fails to finish the job and leaves the basement in


disarray?


e. Assume Bob finishes the job and Heather is thrilled with the end result.


She has peace and quiet upstairs and the children are free to run amok in


her luxurious, newly finished basement. The next week, however, as


Heather is getting her checkbook out of the drawer of one her basement


cabinets to send Bob a check for a job well done, she notices a sticker at


the back of the drawer indicating that the cabinets Bob installed were


UberLuxe cabinets, not the UberNice cabinets as Bob had promised.


Heather is furious. Not only doesn’t pay Bob’s bill, but she also brings suit


for breach of contract and fraudulent misrepresentation. What are


Heather’s to prevail on her claims? What are Bob’s best arguments? If


you were the presiding judge on the case, how would you rule?