Barry, an auctioneer, was holding an auction..
Paper
Your answers should:
1. Identify each issue,
2. State the applicable rule of law (cite where found in chapter 1 to chapter 16 of the text , as an endnote; do not cite sources other than those in the text),
3. Analyze the material facts in light of the rule of law.
4. State your conclusions.
Please double-space your paper.
Cite law/rule from the course text as endnotes.
First part:
Saturday Auction. Barry, an auctioneer, was holding an auction on a Saturday morning. At the beginning of the auction, Barry announced that the auction was being held without reserve. Helen, Mary, and Chris were all in attendance. Helen saw an old cash register with a stuck drawer that she thought would look great in her den. The auctioneer put the cash register up for sale, noting that the drawer was stuck and that no one really knew what was inside. Helen bought it for $20. At the same auction, Mary saw a great deal on a used table. She bid $20 on it. No one else bid anything. Barry announced that $20 was clearly insufficient for the table, that it was worth much more than that, and that he was taking it out of the auction. Chris started bidding on a diamond ring for his girlfriend. He bid $2,000. Just as Barry was getting ready to say "Sold", Chris looked over at his girlfriend, decided that he was not sure about marriage, and leaped up yelling, "I revoke." Barry, however, immediately yelled "Sold." When Helen got the cash register home and broke into it, she discovered that the cash register actually contained $5,000. Unfortunately, Helen had a teenage son named Tad who started bragging to his friends about the family's good fortune. Barry heard about what had happened and sued Helen for return of the $5,000. Mary sues Barry attempting to obtain possession of the table. Barry sues Chris attempting to enforce a contract for the sale of the engagement ring.
What is the likely result in each of the three (3) lawsuits and why?
Second Part:
Wrong Deck. Penny hires Jackson to paint her back deck on her house. She agrees to pay him $200 for the job, and he accepts, sight unseen. They enter into the agreement on Tuesday, and he is to paint the deck on Saturday. When Jackson arrives, neither Penny nor her neighbor is at home. He mistakenly paints the neighbor's deck. Penny calls him the next day and asks him why he did not paint her deck. He informs her that he did paint the deck. It is then discovered that he mistakenly painted the neighbor's deck. Penny tells him not to worry because the neighbor will be required to pay him. Jackson says that if the neighbor does not pay, then he expects all of his funds from Penny.
What is the likely result should Jackson sue Penny and why?
The paper will be graded based upon the following:
Points Possible
Which issues were raised—did you bring up a sufficient cross section of the issues presented in the problems?
80%
Did you see all the issues you raised in your facts?
1%
Did you state the issues clearly?
1%
Did you state the legal rules correctly?
1%
Did you apply your facts to the rules?
1%
Was your paper well organized?
1%
Was paper well written?
1%
Were your conclusions logical?
1%
How creative were you? Did you find unusual/difficult issues or were they all cut and dried?
1%
Other: Identified unusual/difficult issues; good analysis of argument one might make on particular legal issue.
2%
TOTAL
100%