How to Ace FYLSE/October 2013 Exam

Introduction October 2013 Contracts Fact Summary With J (wedding chapel), O (florist) had a 5-year requirement contract and in the last 3 years O sold J 300-1,500 roses per year. Then, with 2 years remaining, J anticipatorily repudiated the contract for financial problem. A (event hall) emailed O an order for 1,000 white stems to O without specifying price or type. A expected roses but O instead sent orchids which are the only available “white stems” then and A accepted them without inquiry about substitutes. O billed A twice that of roses and A refused to pay. October 2013 FYLSE Question 1 O v. J O v. A Outline O v. J Governing Law Goods-Rose Merchant-florist and wedding chapel UCC applies Formation Mutual Assent Consideration (requirement contract) Statute of Frauds (written) Breach Anticipatory repudiation Defenses Impracticability Remedies Expecatation Mitigation Lost volume seller O v. A Governing Law Goods-Rose Merchant-florist and event hall UCC applies Formation Offer (indefiniteness, reasonable standard) Acceptance (nonconforming goods; perfect tender rule) Consideration Statute of Frauds (substantial performance exception) Breach Refusal to Pay Defenses Mistake (unilateral) Ambiguity Remedies Torts Fact Summary Outline Criminal Law Fact Summary A thought E cheated A of pay and asked B to open a locked drawer in E's desk to get E's embarrassing secret documents and pressure E to pay A. B agreed to help. A and B went and opened the drawer when E came. Surprised, A chased Bob onto a balcony and pushed him and Bob fell over the balcony railing and landed on D which killed D. October 2013 FYLSE Question 2 State v. A State v. B State v. E Outline State v. A Alma's Solicitation of Burglary, or In the Alternative Larceny, and Extortion, Merges with the Target Crimes. Alma May be Guilty of Burglary. Alma May be Guilty of Attempted Extortion. Defenses Alma's Defense Against the Agreement of Conspiracy Likely Fails. Alma's Lack of Specific Intent Defense to Burglary, Larceny, and Extortion Fails. State v. B State v. E