HH not guaranteed
Well everyone, it’s that season again. No, not spring—it’s exam season! I know I will be drowning in my own summaries and maps this term; but when you’re done, try these totally certified and real practice questions and see how much you think you’ve learned. Best of luck!
Contract Law
Brandon Langille is a world-renowned baseball player. To celebrate his hundredth grand slam of his career, he decided to sell the jersey he was wearing that day in an online auction. He put a post online: “Selling: Brandon Langille jersey, worn on the day of his hundredth grand slam! Opening bid at $300! Will sell to the highest bid in my inbox by 3pm today.”
Marvin Eisenberg is a huge fan of Langille and attended every game prior to the COVID-19 pandemic. During the pandemic, he never missed a single game online. Eisenberg followed Langille on every social media platform to maximize his intake of Langille news, and when he saw his auction post, he knew he had to win that jersey.
Unfortunately, Eisenberg had to break out all his savings because he was still a poor PhD student working on his dissertation on the bargaining theorem. In the end, he decided on the risky bid of $3000, hoping that he could perhaps sell it for even more if he had to. Eisenberg sent in his bid and waited patiently.
At 3:30 pm that day, Eisenberg received a response—he won! Langille messaged him personally: “You were the highest bidder, congratulations! I accept your offer of $3000 in return for the jersey.” Eisenberg replied: “Thank you, I’m your biggest fan!” To this, Langille said: “Oh really? In that case, I’ll even sign the jersey for you.” Eisenberg, feeling lucky at this news, completed the e-transfer and patiently awaited the package.
The jersey arrived the next day, and Eisenberg opened it eagerly. To his dismay, there was no signature in sight. It seemed as if Langille had forgotten—how disappointing! Eisenberg was crushed, expecting the jersey would be signed by his hero. He tried to contact Langille but he received no reply after many repeated attempts. Eisenberg is truly disappointed now, feeling as if his idol fooled him into thinking that the jersey would be signed for him, his biggest fan.
What remedies are available for poor, poor Eisenberg?
Tort Law
Jerry Phillips is a famous Broadway performer. The last musical he starred in, Phantom of the Obiter, was a huge success and received critical acclaim. People came from all around the world to watch him perform in Falconer Hall.
Last week, Phillips was doing a song and dance routine in the feature song, “One H More,” from his latest musical, Les Étudiants Misérables. It kicked off a week of fully sold-out shows, and it was, unsurprisingly, the talk of the town. Unfortunately, the students recruited by the theatre company to be the stagehands were 1Ls and 2Ls who were just coming to help after a full day of classes, a recruit deadline, and a mandatory wellness session.
In their fatigue, the stagehands were careless in how they cleaned the stage. In the last number before intermission, Phillips was distracted by a discarded sweater on the ground and tripped, twisting his ankle. During intermission, the stagehands and other actors asked Phillips if he was okay, and whether he needed the understudy to take over. Not one to give in easily, Phillips declined and said he was fine to continue the show.
Unfortunately, the further dancing exacerbated his injury. As a result, Phillips was in a lot of pain and was out of commission for the rest of the shows that week. At the hospital, he found out he had a very rare condition, Achilles ankles, affecting 1 in 10 million people, which gave him particularly weak ankles. The treatment was expensive and not covered by regular health insurance. The doctor said he should have immediately iced his ankle and not continued dancing, and that doing so would have prevented the need for a hospital visit.
Upon inspection, the sweater left behind was dark blue and had the word LAW embossed on the front. It was unclear exactly who owned the law sweater and who was responsible for removing it. All the students denied ever owning such a sweater and responsibility for being on clean-up duty. The student who had been assigned clean-up duty had skipped the performance to do their readings, and it was unclear who had taken over. Phillips is now suing the theatre company for the negligent stagehands causing his injury. He wants the lost profits for the week and damages for his medical procedures. The theatre company denies liability.
Advise all parties.
