1. Define the Felony Murder Rule. Provide a sample situation in which the Rule might be applied.

  1. In criminal law, distinguish between a felony offense, a misdemeanor offense and a violation.

  1. Define Actus Reus and Mens Rea. Why are these concepts important in criminal law?

  1. Define the tort of “false imprisonment.” Explain how a “Merchant Protection Statute” might be used as a defense in a false imprisonment case against a merchant who mistakenly identifies/questions a consumer s/he believes was guilty of shoplifting.

  1. Provide a summary of a case in which the Merchant Protection Statute was part of the Court’s analysis in the decision.

  1. Define defamation. What is the standard which a “public figure” must meet to prove s/he has been defamed? Why is it more difficult for a public figure to recover damages for defamation than it is for an “ordinary citizen?”

  1. List and define the four necessary elements for an enforceable contract:

  1. The “Taco Bell Case” (Wrench v. Taco Bell Corporation, pages 177 – 178) is a good example of a situation in which the Court found an Implied-In-Fact Contract. Briefly state the facts of the Taco Bell case, the definition of an Implied-In-Fact Contract, and the outcome of that case.

  1. Facebook v. Winklevoss (pages 173 – 174) is a good example of a Court’s use of the Objective Theory of Contracts. What is the Objective Theory of Contracts? How was that concept applied to the facts of the Facebook case? What was the outcome of that case?

  1. Offeror:

  1. Offeree:

  1. A reward is considered a “special type” of offer. Explain the circumstances under which a reward can be considered a valid offer.

  1. Compare an Auction with Reserve and an Auction without a reserve.

  1. In Ehlen v. Melvin, (page 189) the Court looked at the legal significance of a counteroffer. What is a counteroffer? What happened in the Ehlen case?

  2. What is the Mirror Image Rule?

  1. What is the Mailbox Rule?

  1. In Cooper v. Smith (page 194), the Court looked at whether a “giver of gifts” could recover the items or the value of the items he gave to another. What are the facts of that case? What is the court’s decision in that case? Why?

  1. What is accord and satisfaction?

  1. What is the Infancy Doctrine?

  1. Define Restoration (under the Infancy Doctrine). Define Restitution (under the Infancy Doctrine). Compare the Minor’s duty of restoration with the Competent party’s duty of Restitution.

  1. Provide an example of a situation in which a minor disaffirms a contract after the subject of the contract has been damaged. What is the duty of the minor in that situation? The adult? What if the minor reaches the age of 18 before the damage to the property occurs? What legal issues arise? Explain.

  1. In Flood v. Fidelity & Guaranty Life Ins. Co, the Louisiana Court of Appeals found that the insurer was not required to pay life insurance proceeds to the named beneficiary of the policy. What were the facts in that case? What was the Court’s rationale for the decision? What was the Insurance Company required to pay (or repay) to the plaintiff? Why?

  1. Define Exculpatory Clause. Give an example.

  1. Set out the facts of the Stoll v. Xiong case. What was the outcome? Rationale?

  1. The Peerless Shipping Case (Raffles v. Wechelhaus, see page 219) is an example of a Mutual Mistake of a Material Fact. What were the facts of that case? What legal concept was reinforced by that decision? What does that mean?

  1. Assume that Sam offers to sell Tom an old painting he found in the attic. Sam believes the painting is just “junk” taking up space in the attic. Tom likes the painting, and believes it is worth the $100 price which Sam has agreed upon. The two enter into the agreement and Tom buys the painting. Later, Tom takes the painting to be appraised. He learns that the painting is worth $200,000. Sam demands the painting back. On what legal doctrine would Tom rely? Why?

  1. In a contract case, what are the elements which must be established in order to prove fraudulent misrepresentation? Define those elements. Why would it be significant if a court found that a party engaged in fraudulent misrepresentation during the negotiation of a contract?

  1. The Missouri Court of Appeals decided the case Krysa v. Payne. What were the facts of that case? What did the court decide? Why?

  1. Compare and contrast “Duress” and “Undue Influence” in the context of contract law.

  1. Define Statute of Frauds. What is the purpose of a SOF? List at least 5 types of contracts which are subject to the SOF in most states.

  1. In Sutton v. Warner (p. 225 of your textbook) the Court examined an equitable exception to the statute of frauds called the Part Performance Doctrine. What were the facts of that case? Define the Part Performance Doctrine. How did the Court decide the matter? Why?

  1. What is a third-party beneficiary? What rights does an intended third-party beneficiary have to a contract to which s/he is not an original party? Why?

  1. List and define the names of the parties involved in an assignment of rights under an existing contract. Give an example of a situation in which an assignment of rights might arise.

  1. What is a condition precedent? Give an example of a condition precedent in a contract.

  1. What is a Force Majeure Clause in a contract? Under what circumstances would a Force Majeure Clause be important?

  1. Explain the concept of compensatory damages. How are compensatory damages calculated in cases which involve (a) breach of an employment contract; (b) breach of a contract for the sale of goods; and (c) breach of construction contracts?

  1. In Uzan v. 845 UN Limited Partnership, the New York Courts looked at liquidated damages clauses. What is a liquidated damage clause in a contract? What were the facts of the case? What did the court decide?

  1. In Alba v. Kaufmann (page 262 of the textbook), the New York courts examined the doctrine of Specific Performance. What is specific performance? What were the facts of the case? How did the court decide that case? Why?

  1. The Supreme Court of S. Carolina decided Mitchell v. Fortis Insurance Company (page 266 of your textbook). What were the facts of that case? What was the legal issue? How was that case decided? Why?

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