How to Ace FYLSE/June 2013 Exam

Introduction

• June 2013

Contracts

Fact Summary

Seller posted a good online for sale. Buyer saw the post and found that it was worth more than the posted price. There Buyer saw a note posted by Judy, another Facebook friend of Seller, stating: “The doll is worth way more than you think. Don’t sell it.” Buyer then left a note stating, “I’ll take the doll for $450. buyer.” Later, she called Sally and said, “This is Barbara, and I’ll buy the doll for $450.” Sally replied, “Sorry, you’re too late.” Barbara looked again at Facebook and saw a new note from Sally stating: “Thanks for the information, Judy. The doll is going straight to eBay.”

Outline

Did Barbara enter into an enforceable contract with Sally? Discuss. If Barbara entered into an enforceable contract with Sally, what remedies, if any, does she have? Discuss.

Torts

Fact Summary

A held his saw in from of B and approached to B and B climbed high into the tree. A sawed through the tree and B fell and got seriously injured. C, a passerby, was struck by a car and sustained serious injuries while assisting B. D watched the incident suffered severe emotional distress.

Outline

Q1. Is Bill likely to prevail on any intentional tort claim against Abe?

Assault Battery False imprisonment

Q2. Is Cindy likely to prevail on a negligence claim against Abe? Negligence

Q3. Is Debbie likely to prevail on a negligent infliction of emotional distress claim against Abe? NIED

Criminal Law

Fact Summary

A and B climbed the fence to a horse ranch, crossed the yard, opened the door to the barn and stepped inside. C, the owner of the ranch pointed a rifle at A and B and accidentally discharged it with startled the horses. A and B fled and let out the horses which caused a motorist to die.

Outline

Crimes of A

• Solicitation
• Conspiracy
• Homicide
• Murder
• Voluntary Manslaughter
• Involuntary Manslaughter
• Criminal negligence
• Defenses

Crime of B

• Conspiracy
• Pinkerton
• Burglary
• Homicide
• Defenses

Crime of C

• Assault
• Defense of Property
• Receiving Stolen Property

Fact Summary

In a series of nighttime burglaries, a burglar broke into houses when the owners were away and stole items of value. The burglar ate cookies found at each house and therefore became known as the “cookie bandit.” Wanting to protect his property and prevent a burglary while he was out of town for the weekend, Dan planned to lace some cookies with cyanide and leave them on his kitchen counter. He believed his plan was lawful because he had been told by a police officer that he could use deadly force to prevent a burglary. He asked his friend Ann to help him obtain cyanide. She tried to talk him out of his plan, but he assured her that it was lawful. She then got him some cyanide. He laced some cookies with it, left them on the kitchen counter, and went out of town for the weekend. During Dan’s absence, his neighbor Jane entered his house, together with her five-year-old son, Victor. Each weekend, Jane cleaned Dan’s house. While Jane was cleaning, Victor found the cookies, ate one, and died.