How to Ace FYLSE/October 2013 Exam

Introduction

 * October 2013

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


 * 1) O v. J
 * 2) O v. A

Governing Law

 * 1) Goods-Rose
 * 2) Merchant-florist and wedding chapel
 * 3) UCC applies

Formation

 * 1) Mutual Assent
 * 2) Consideration (requirement contract)
 * 3) Statute of Frauds (written)

Breach

 * 1) Anticipatory repudiation

Defenses

 * 1) Impracticability

Remedies

 * 1) Expecatation
 * 2) Mitigation
 * 3) Lost volume seller

Governing Law

 * 1) Goods-Rose
 * 2) Merchant-florist and event hall
 * 3) UCC applies

Formation

 * 1) Offer (indefiniteness, reasonable standard)
 * 2) Acceptance (nonconforming goods; perfect tender rule)
 * 3) Consideration
 * 4) Statute of Frauds (substantial performance exception)

Breach

 * 1) Refusal to Pay

Defenses

 * 1) Mistake (unilateral)
 * 2) Ambiguity

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


 * 1) State v. A
 * 2) State v. B
 * 3) State v. E

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.