How to Ace FYLSE/October 2013 Exam

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Introduction[edit]

Contracts[edit]

Fact Summary[edit]

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

Outline[edit]

O v. J[edit]

Governing Law[edit]
  1. Goods-Rose
  2. Merchant-florist and wedding chapel
  3. UCC applies
Formation[edit]
  1. Mutual Assent
  2. Consideration (requirement contract)
  3. Statute of Frauds (written)
Breach[edit]
  1. Anticipatory repudiation
Defenses[edit]
  1. Impracticability
Remedies[edit]
  1. Expecatation
  2. Mitigation
  3. Lost volume seller

O v. A[edit]

Governing Law[edit]
  1. Goods-Rose
  2. Merchant-florist and event hall
  3. UCC applies
Formation[edit]
  1. Offer (indefiniteness, reasonable standard)
  2. Acceptance (nonconforming goods; perfect tender rule)
  3. Consideration
  4. Statute of Frauds (substantial performance exception)
Breach[edit]
  1. Refusal to Pay
Defenses[edit]
  1. Mistake (unilateral)
  2. Ambiguity
Remedies[edit]

Torts[edit]

Fact Summary[edit]

Outline[edit]

Criminal Law[edit]

Fact Summary[edit]

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

Outline[edit]

State v. A[edit]

  • 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[edit]

State v. E[edit]