K&S - Clues, Sparks, Fact Patterns

Question 1

Employer/Employee in a contracts question with a consumer or supplier - what cue?

Answer 1

• Agency issue
• Actual or apparent authority of agent to form a contract that binds employer

Question 2

Negotiations in fact pattern - cue?

Answer 2

• Offer and acceptance

Question 3

Advertisements in the fact pattern?

Answer 3

• Whether ad is an offer
• Express warranties

Question 4

Discussions over telephone in fact pattern - cue?

Answer 4

• Statute of Frauds
• Parole Evidence

Question 5

Defective goods delivered in fact pattern - cue?

Answer 5

• Warranties
• Implied warranty of merchantability (usually)

Question 6

Defective goods delivered AND negotiations in fact pattern - cue?

Answer 6

• Warranties
• Express
• Implied warranty of fitness for a particular purpose
• merchantability

Question 7

Non-performance in fact pattern - cue?

Answer 7

• Excuse
• Mistake
• Impossibility

Question 8

Destroyed goods in fact pattern - cue?

Answer 8

• Risk of loss

Question 9

Lots of expenses itemized in fact pattern - cue?

Answer 9

• damages

Question 10

Plaintiff is asking for a specific sum of money in fact pattern - cue?

Answer 10

• damages
• Plaintiff’s requested amount is usually not right

Question 11

Question asks you to identify a party’s “rights and remedies” or “how to protect his or her interest” - cue?

Answer 11

• UCC Steps
• For CL question, advise as to steps to be taken by party to effectuate remedies, and advise aggrieved party to mitigate damages.

Question 12

Sale of goods - cue?

Answer 12

UCC

Question 13

Offeree can’t make up mind (sends acceptance and revokation) - cue?

Answer 13

• Mailbox rule

Question 14

Fires, floods or theives in a contracts setting - cue?

Answer 14

• Risk of Loss